Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Queensland Confederation of Industry Limited, Union of Employers [1995] QIRC 320 No. B709 of 1995

1138 QUEENSLAND GOVERNMENT INDUSTRIAL GAZ ETTE 11 I August, 1995 I l August, 1995] QUEENSLAND GOV ERNMENT INDUSTRIAL GAZETTE 1139 ######### ############################################## QUEENSLAND INDUSTRIAL RELAT IONS COM MI SS I ON lndusrnal Rela11ons Ac, 1990 s. 144 - application for va riation Australia11 Liquor. Hospitality and Mi sc ellane(lus Workers Union. Queensla nd Branch. Uni on of Emp loyees AND Queensland Confederation of In dus try I .imited. Union of Em ployers (1\ 'o. 8 709 of / 995) IA !\~li\C l !\' Dl'STHY AWARD - STATE COMM I SS IONER EDWA RDS VARIA T ION 4 July 1995 THIS matter comi ng on for hearing before t he Commission at Brisbane on 25 May and 4 Ju ly . 1995. this Commission doth order th at the said Award be vari ed as fol lows as from the tenth day of Ju ly, 1995:- By inserting a 111:w clause 19 13 (TUT/\ Lcavej as fo ll ows: "Tt:TA Lea ve 19B . A Union delegate or duly e le cted or appointed un ion re presentati ve shall. upon written appli ca tion by the Uni on to the employer, such ap pli cation being endor sed by th e Union and giv en to th e employer at lea;;t two months in advance (or such lesser p~riod as mutually agree d between the union and emp loyer/s). be gr an ted up to five worki ng days· leave (non -c umulative) on ordinary pay eac h calendar year to attend courses or semina rs con du c ted by the Australi an Trade Union Traini ng Au thori ty (TUT A) or s pec ifi c training courses approved and accred ited by Tl/ TA. Th e scope. content and level of such cour ses or scminars shall be such a~ 10 ~o ntribute to a better unde rstanding of industri al relations wi th in the employer· s opera ti ons. Other courses mu tually agreed bel\\'ecn a union par1y to this A ward and an employer. or employers. may be i ncl ud ed under this clausi: . Any writ ten app li ca tion by a uni on seeking rclcas..: of a delegate or re presentative to attend a cou rse sh all include de tails of the type an d content of th e course to be attend ed as ,,ell as the da tes upon which t he course is proposed to be con du cted . For the purp oses of thcs<.: provisions ·ordinary pay' sha ll mean the. ordinary ti me earni ngs p ai d to the employee cxclusi,·c of any al l <11vanccs , pena lt y rates or tr ave llin g time and fares . The grant ing of such leave shall be subject lo the ro ll owing rn ndi ti ons :- (I) The employee mu$ t have at l ea,t twe l ve ( 12 ) month s con tinuous servi ce wi th the em pl oyer pri or to su ch leave being granted and be the elected Union de leg ate/re presentati ve. (2) Unless o th emisc ag reed th e maximum nu mbe r or employees of one and th e same employer attending a training course or sem inar each year wi ll be as folkl\\s :- Wh~-rc the employe r employs between 10- 50e m pl o).:cs Where the employer emp loys be tween 5 ! - 100 emp l oyees W he re the employer emp l oys over 100 employees 2 4 (3) Where an em ployer has more than one pl ace of employment i n Queensl and then th e maxim um number of empl oyees enti tl ed to attend a course at the same ti me shall be two. This shall not prevent an employer from ag reeing to release add itional em pl oyees. (4) The g ra nting of su ch l eave shall be subject to th e convenience of the em ployer so that t he operations of the Enterprise w i ll not be ad ve rsely affected. Where an employer approaches th e uni on and demons trates genuine di fficulti es with respect to the rele ase of a particular union delegate <>r rep rese ntati ve at a particul ar ti me (including wh ere the employer might ha ve previously advised of i ts ab ility to rel ease such union de legate or rep re senta tive) the union w il l not unreasonably press its request for the r elease of th at delegate/representative at t ha t tim e. If the matter is not am icably r eso lved, it sha ll he processed in accorda nce wit h the Dispu te Settlement Procedure contain ed i n this /\ward. (5) In granting such paid leave. the employer is not responsi bk for any add itional costs except the payment of ex tra remuneration where relievi ng arrange men ts arc i nstituted b) th e employer to cover the absence of the empl oyee. (6i Leave gra nted to attend such training courses will not incur an y additional paymen t or alterna te time off if s uch cou r se co incides wi th an employee·s da y off in a 19 day month working arrangement. or with any other concess ional leave. (7) Such pa id leave w ill not affect other l eave gran ted Lo em ployee s under this Award. (8) On completion of the cou r se the employee shall. upon request. provide to th e employer proof of the i r att endance at the course. Except in the cas e of sick leave or other au th orised leave, non-attendance at a training cou r s..: wi ll r esu lt in t he employee not being paid for ~uch ti me.''. Dated this four1h day of July. 199 5. By th e Comm iss io n. I L.S .J K.B. PU I. SFORD Acti ng Industrial Re gistrar. Operative datr: 10 July 1995 Variation -- TUTA Leave Released: 27 Jul y 1995 ## ########### ###########l/#### ####### ##11############ ###1/ -- 1 of 1 --