Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Queensland Confederation of Industry Limited, Union of Employers [1995] QIRC 311 (1994) 149 QGIG 1132

1132 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [ I I August, I 995 ###################################################### QUEENSLAND INDUSTRIAL RELATIONS COMMISS ION Industrial Relations Act 1990 s. 144 - application for variation Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees AND Queensland Confederation of Industry Limited, Un ion of Employers (No 8688 of 1995) BI SCUIT MAKERS' AWARD - SOUTH-EASTE RN AND CEN TRAL DIVI S IO N COMMISSIONER EDWARDS 4 July 1995 VARIATION THIS matter coming on for hearing before the Commission at Brisbane on 25 May and 4 July, 1995, this Commission doth order that the said Award be varied as follows as from the tenth day of July, 1995 :- By inserting a new clause 12A (TUTA Leave) as follo\.\'-s: "TUTA Lea ve 12A . A Union delegate or duly elected or appointed union representative shall, upon written application by the Union to the employer, such application being endorsed by the Union and given to the employer at least two months in advance (or such lesser period as mutua ll y agreed be tween the union and employer/s), be granted up to five working days' leave (non-cumulat ive) on ord inary pay each calendar year to attend courses or seminars conducted by the Australian Trade Union Training Authority (TUTA) or spec i fic training courses approved and accredited by TUT A. The scope, content and level of such courses or seminars shall be such as to contribute to a better understanding of industr ial relations wi thin the em ployer 's operations. Other courses mutually agreed between a un ion party to thi s Award and an employer, or employers, may be included under this clause. Any written app lication by a union seekjng release of a delegate or representative to attend a course shall include details of the type and content of the course to be attended as well as the dates upon which the course is proposed to be conducted. For the purposes of these provisions 'o rdinary pay' shall mean the ordinary time earnings paid to the emp loyee exclusive of any allowances, penalty rates or trave ll ing t im e and fares. The granting of such leave shall be subject to the following conditions:- (1) The employee must have at leas t twelve (12) months continuous se rvice with the employer prior to such leave being granted and be the elected Union delegate/representa1ive. (2) Unless otherwise agreed the maximum number of employees of one and the same employer attending a training course or seminar each year will be as follows:- Where the employer employs between I 0 - 50 employees Where the employer employs between 51 - I 00 employees Where the employer employs over I 00 empl oyees (3) Where an employer has more than one place of employment in Queensland then the maximum number of employees entitled to attend a course at the same ti me shall be two. This shall not prevent an employer from agreeing to release additional emp loyees. (4) The granting of such leave shall be subject to the convenience of the employer so that the operations of the Enterprise will not be adversely affected. Where an employer approaches the union and demonstrates genuine d ifficulties with respect to the release of a particular union delegate or representative at a particu lar t im e (i ncludi ng where the employer might have previously advised of its ability to release such union delegate or representative) the union wi II not unreasonab ly press its request for the release of that delegate/representat ive at that time. If the matter is not amicably re.solved, it shall be processed in accordance with the Dispute Settlement Procedure contained in this Award. (5) In granting such paid leave, the emp loyer is not responsible for any additional costs except the payment of extra remuneration where relieving arrangements are instituted by the employer to cover the absence of the employee. (6) Leave granted to attend such training courses will not incur any additional payment or alternate time off if such course coincides wi th an employee' s day off in a 19 day month working arrangement, or with any other concessional leav e. (7) Such paid leave will not affect other leave granted to employees under this Award. (8) On completion of the course the employee shall, upon request provide to the employer proof of their attendance at the course. Except in the case of sick leave or other authorised leave, non-attendance at a train in g cou rs e will result in the employee not being paid for such time:·. Dated this fourth day of July, 1995. By the Commission, [LS.) K.B . PULSFORD, Acting Industrial Registrar. Operative date: I0July 1995 Variation - TOTA Leave Released: 27 J ul y 1995 16002 _ 1.DOC I I August, 1995] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 1133 -- 1 of 1 --