Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Queensland Confederation of Industry Limited, Union of Employers and Another [1995] QIRC 309 (1995) 149 QGIG 1130

1130 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [ 11 August, 1995 ################# ### ##### ############################## QUEENSLAND IND USTRIA L RELATIONS CO MMISSION Industrial Relations Act 1990 s. I 44 - application for var iati on Australian Liq uor, Hospita li ty a nd Miscellaneous Workers Union. Que ensland Branch , Union of Emp loyees AND Queensland Confederation of Industry Limi ted. Union of Employers and Another (!lo 0685 of /995) BAKING INDU STRY AWARD - SOt:TH£R N ANI> MACK.A Y DJ VIS IO NS COMMISSIONER EDWARDS 4 Ju ly 1995 VARIATION THI S matter co ming on for hearing before the Commiss ion at Brisbane on 25 May and 4 July. I 995. this Co mmiss ion doth order that the said Award be varied as follows as from the ten th day of July, 1995:- By insert ing a new clause 5.7 (TUTA Leave) as follows: ''TUTA Lea ve 5. 7 A Union de legate or dul y elected or appo inted un ion representative shall, upon wri tt en app lication by the Union to the emp loyer, s uch appli cat ion being en dorsed by the Union and g iven to th e employer at leas t two mon ths in advance ( or such le~ser period as mu tually agreed between the union and cm ployeris). he granted up to fi ve working day s' leave (non-cum Ltlative) on ord ina ry pay each calendar ye ar to attend courses or sem inars conducted by the Australian Trade Union Trai ning Authori ty (TlJTA) or spec ific tra ining co urses ap proved and accred ited by TUTA . The scope, conten t and level of such cou rses or se min ars shall be such as to contribute to a better understandi ng of ind us trial relations within the employer's operations. O ther courses mutually ag reed between a union party to this Award and an em ployer. or employers. may be included under this clause. Any wr itten appl ication by a union seeki ng release of a delegate or represen tative to attend a course shall include de tails o f the type and content of the course to be attended as ,, e ll as the dates upon which the course is proposed 10 be co nducted. For the purposes of these provis ions ·ordinary pa)· s hall m ea n the ordinary t ime earn ings paid to the em ployee exc lu sive o f any allowances, penalty rates or tra ve lling ti me and fares. The g ranting of s uch leave shall be subj ec t to the following condi ti ons:- (I) The employee must have at lea st twe lve ( 12) mont hs continuous service wi th the emp loyer prior to such leave be in g gra nted and be the ekc teu Unio n de lega te/representative. (2) Unless otherwise agreed the max imum numba or emp loyees of one and the s ame employe r atte nd ing a training course or seminar each ye ar wi II be as fo llows :- Whe re 1he em ployer employs be t ween 10 - 50 einpln)e<:; Where. 1he em p loyer em pl oys be tween 51 - 100 empl oy,,c, Where the ~mployer employs over I 00 employees I 2 4 (3) Where an emp loyer has more than one place of emp loyme nt in Queens land t he n the ma xim um nu mbe r of emp loyees entitled to attend a course at the same time sh all be two. Th is sha ll no t preven t an em ployer from agree ing to release addi ti onal employees. (4) The granting of suc h leave shall be s ubject to the conven ience of the emp loyer so that the o perations of the Enterp ri se will not be adverse ly afle eted . Where an employer approac hes the union and demonstra tes gen ui ne d ifficulties with respect to the release of a parti cu lar uni on delegate or repres entative at a particul ar time (incl udin g where the em pl oyer might have prev iously advised of its abi lity to re lease such union de legate o r representative) the union will not unreasonab ly press its request for the release of that de legate/representative at that 16002_ 1. DOC 11 August, 1995 1 QUEENSLAND GOV ERNMENT INDUSTRIAL GAZETTE time. If the matter is not amicably resol ved, it shall be processed in accordance with the Dispute Settlement Procedure contained in this Awar d. (5) In grant in g s uch paid leave, the em p loyer is nor responsib le for any additional costs except the paym..:nt of extra remu neration whe re re lie ving arrangements are ins ti tuted by the employer to cover tl1e absence of the emp loyee. (6) Lt: ave g ranted to auend suc h training courses will no t incur any add ition al paymen t or alternate ti me off if such co urse coi ncides wi th an employee's day off in a 19 day month working arrangement. or with any othe r concessiona l leave . (7) Such paid leave will not allee t other leave gra nted to employees under t his A ward. (8 ) On completion of the course the employee s hall, upon reques t.. prov ide to the employe r proof' of the ir attendance at the course. Except in the case of sick leave or other au thorised lea ve., non-a tt endan ce at a train ing co urse wi ll result in the em pl oyee not being paid for su ch time.". Dated this fourth da y of Jul y, 1995. By the Commiss ion, [LS.] K.B. PULSFORD, Acting Industrial Registrar. Operative date: I 0 July 1995 Variation - T UTA Leave Released: 27 July 1995 ######### ####### 11############################### ####### 1 131 -- 1 of 1 --