Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Queensland Confederation of Industry Limited, Union of Employers [1995] QIRC 321 (1995) 149 QGIG 1139

1138 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 11 I August, 1995 I l August, 1995 ] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 1139 ##### ###################ll#-############11###############11 QUEENSLAND IND USTRI Ai. RELATION S COM~ISSIO'-i lnd11s triof Re la tio ns Ac, 1990 s. 147 - app li ca ti on for variati on A ustralian Liq uor. Hosp i ta li ty an d Miscell an eo us Workers Uni on. Queensland Branch, Un ion of Emp l oyees AND Quee nsland Confedc rati o11 of Industry Limi ted. Uni on of Employers (:\o 8 7/0ofl9 95J 16002_ 1 DOC -- 1 of 2 -- 1140 QU EENSLAND GOV ER NMENT INDUSTRIAL GAZET TE l I I August, 1995 WHEATE N, BI SCU IT PRODliCTJO ~ EMl'LOY EES - LEM LODG E PTY. LTD. 11'1'. 0 (.;ST RIAL AGREEME NT COMMISSIONER EDWARDS VARIATION 4 Ju ly 1995 TI IIS matte r coming on for hearing before the Commiss ion at Brisbane on 25 May and 4 July. 1995, this Com mission doth order that the s a id Ind ustrial Agreement be varied as follows as from the tenth day of July , 1995 :- By inserting a new clause 5.7 (TUTA Leave) as fo ll ows: "Tt;TA Lea\'C 5.7 A Union delegate or duly elected or appo inted un ion representative shall, upon written application by the Union to the employer, such application be ing endorsed by the Un ion and given to the employer at least two months in advance (or such lesser period as mutually agreed between the un ion and employer/ s) . be granted up to five work in g days· leave (non-cumulative) on ordinary pay each calendar year to attend courses or seminars conducted by the Australian Trade Union T raining Authority ( TUTA) or specific training courses approved and accredi ted by TUT A. The scope, content and level of such courses o r seminars shall be such as to contribute to a bett er understan ding of industrial relations within the emp loyer's operations. Other courses mu tually agreed between a union party to this Industrial Agreement and an emp loyer , or e mployers, may be included under this clause. Any wr itten application by a union seeking re lease of a de lega te or representative to attend a course shall inclu de details of th e type and contcm o f the cou rse to be attended as well as the da tes upon which the cour:;<.: is proposed to be conducted. Fo r the purposes of these provisions ·ordinary pay' shall mean the ordi nary time earnings paid to the employee exclus ive o f any allowances. penalty rates or trave lling time and fares. The granting o f such leave shall be subj ect to the following cond ition s:- (I ) The emp loyee must ha ve at least twelve (12) mon ths co nt inuous service with the employer prior to such leave bei ng granted and be the elec ted Union de legate/representati ve. (2) Unless otherwise agreed the max imum number of employees of one and the same employer attending a trai ning course or sem inar each year will be as follows:- Whc re the em pl oyer emplovs betwee n 10 - 50 em pl oyee~ Where the e mployer employs be.! wee.n 5 l - I00 emp loyees 2 Whe re the e mployer employs over I 00 employees 4 (3 l Where an emp loye r has more than one place of employment in Queensland then the maximum number of employees en t it le d to a tte nd a co urse at the same time sha ll be two. This shall no t prevent an employer from agreeing to release add it ional em ployees . (4) The gran ti ng of suc h leave sha ll be subject to the convenien ce of the employer so tha t the operations of the Enterprise will not be adverse ly affected. Where an emp loyer approaches the union and demonstrates genuine difficulties with respect to the release of a particular union delegate or representative at a particular time (including where the emp loyer might have previously advised of its ability to release such union delegate or representati.ve) tl1.e un ion will not unreasonably press its request for the release of that delegate/representative at that tim e. If the matter is not amicably resolved, it shall be processed in accordance with the Grievance Procedure contained in this Industrial Agreement. (5) In granting such paid leave. the employer is not responsible for any additional costs except the payment of extra remuneration where relie ving arrangements are instituted by the employer to cover the absence of the employee. (6) Lea ve granted to attend such training courses will not incur any additional paym ent or alternate time off if such course coincides wi th an employee· s da y off in a 19 day month worki ng arrangement, or with any other concess ional leave. (7) Such pai d leave will not affect other leave granted to e mployees under this Industrial Agreement. (8) On comp letion of the cou rse the employee shall, upon request, provide to the employer proof of the ir attendance at the course. Except in the case of sick leave or other authorised leave, non-attendance at a training course will result in the employee not be ing paid for such time.''. Dated thi s fourth day of Ju ly, 1995 J3y the Commission. [L.S.) K.B . PULSFORD, Acting industria l Registrar. Opera ti ve date : I 0 July 1995 Variation - TUT A Leave Released: 27 Ju ly 1995 ####################################################### 11 August, 1995] QUEENSLAND GOVERNMENT IND US TRIAL GAZETTE I 14 l C -- 2 of 2 --