Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Queensland Confederation of Industry Limited, Union of Employers [1995] QIRC 314 (1995) 149 QGIG 1134

1134 QUEENSLAND GOVERNMENT INDUSTR IAL GAZETTE L11 August, 1995 ###################################1/################### QUEENSLAND INDUST RI AL R ELA TIO NS COMM ISSION Industrial Relations Ac1 I 990 s. 144 - · application for variation Australian Liquor, llospi ta lity and M iscel l aneous Workers Union. Quee nsl and Branch. Uni on of Employees AND Quee nsl an d Confederation of Industry Li mi te d. Union of Emp lo) crs (:\'o. B i O() of /995; \.IARGA RINE l\1AN UFACTt:RI NG A WAR D - SOl 'T II ER I\ DI V ISION COMM .ISSIONER EDWARDS 4 July 1995 VARIATION TIIIS matter coming on for heari ng be fore the Commission at Br is bane on 25 May and 4 Ju ly, 1995, this Commission doth order that the sa id Award be varied as follows as from the tenth day of Ju ly. 1995 :- By inscning a new clause I 6A (TUTA Lea ve) as fo ll ows: "Tt:TA Leave 16A. A Union delegate or duly el ected or appoin ted union representative shall, upon wri tten application by the Union to the employer, such application be ing endor se d by the Union and given to the employer at least two mon ths in advan ce (or such lesser pe ri od as mutually ag reed between the union and employer/s). be granted up to five working days' leave (non-cumulative) on ordinary pay each calendar year to att end courses or seminars conducted by th e Austral ian T rad e Union Training Authority (TUTA) or speci fi c training courses approved and accredi ted by TUTA. The scope. co ntem and level of such courses or sem inars shall be such as to contri bu te to a better understanding of industrial relations within the em pl oyer· s operations. Other courses mutually agreed be tween a uni on party to this Award and an employer, or employers, may be included under this clause. Any wri uen application by a union seeking rel ease of a de legate or represe nta tive to auencl a cour se sha ll i nclude details of tl1e type and content of the course to be atten d ed as we ll as the dates upon wh ich t he course is pr opose d to be conducted. For the purposes of th ese provisi ons ·o rdinary pay· sha ll mea n the ordinary time earnings paid to the employee exclusi ve of any allowances, penalty rates or travelling ti me and fares. The gran ti ng of such leave shall be subject to the fo ll ow ing condi ti ons :- ( I) The employee must have at least twelve ( 12) months continuo us service with the employer prior to su ch leave be ing granted and be th e el ecte d Uni on de legate/representative. (2) Unle ss otherw ise ag reed the maximum number of empl oyees of one and the same em ployer aucnd ing a training cou rs e or sem inar each yea r will be as follows:- Whe re the emplo)e.r emp l oys be tween I O •· 50 cmplO) ees Whe re the emp loy er emp loys between 51 - 100 cmp l oyce.5 Where the em pl oyer employs over I 00 empl oyees 2 4 (3) Where an employer h as more than one place of employment in Queensland then the maximum number of empl oyees entitled to attend a cou r se at the same ti me shall be two. This shall not preven t an employer from agreeing to release add i ti ona l employees. (4) The granting of such leave shall be subje ct to the conve ni ence of the employer so that the operations of th e l: ntcrprisc wi ll not be adversely affected. Where an employer ap proaches the union a11d demonst rates genuine difficu lties wi th re spect to the rel ease of a particul ar union delegate or re presen tative at a parti ~u l ar ti me ( including where the employer might have previously 16002_I. DOC I I August, J 995) QUEENSLAND GOVERNMENT IN DUSTRIAL GAZETTE advised of i ts abi lity to rel ease such union delegate or repr esenta ti ve) the union will not unreasonably press its request for the rel ease of that delegate/represen tative at that ti me. If the matter is not amicably reso lved, it shall be processe d in accordance wi th the Dispute Settlement Procedure contained i n thi s Award . (5) In granting such paid leave, the employer is not responsibl e for any additio na l costs except the paymen t of extra remuneration where rel i ev ing arrangements arc instituted by 1.he employer to cover the absence of the employee. (6) Leave granted to attend such training courses will not incur any addi ti onal payment or alternate time off if such course coincides with an employee ' s day off i n a 19 day month work ing arrangement, or with any o th er concessional leave. (7) Such paid l eave will not affect oth er l eave granted to empl oyees under this Award . (8) On comp letion of th e course the employee shall, upon r eques t, provide to the employer proof of their attendance at the course. Except in the case of sick leave or other authori se d l eave, non-attendance at a training course will result in the employee not be ing paid for such time.''. Dated this founh day of Ju ly, 1995. By the Commi ss ion. ILS J K 8. PULSFORD, Ac ting Industrial Reg istrar. Operative dat e: IOJu ly 1995 Variation - TUTA Leave Kc l eased: 27 July 1995 ######### # #### #################################### ##### 11 35 -- 1 of 1 --