Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Others [1995] QIRC 183 (1995) 149 QGIG 571

570 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [16 June, 1995 16 June, 1995] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 571 ####################################################### QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act l 990 s. 144 - application for variation Australian Liquor, Hospitality and \iisccllaneous Workers Union, Queensland Branch, Union of Employees AND Oth-:rs (Na KOi af !995j MARINE STORES A."IID BOTTLE-WASHING ESTABLISHMENTS A \VARD - SOlJTH-EASTERN DISTRICT COMMISSIONER SWAN 30 May 1995 VARIATION THIS matter coming on for hearing before the Commission at Brisbane on 30th May l 995, this Commission doth order that tht: said Award be \·aried as follows as from the fifth day of June, 1995:- l. By inserting into the Arrangement Clause of the Award the following:- "TUI'A Leave !4A''. 2. By insertinf! a new clause 14A as follows: "TUTA Leave: l •M( 1) Upon \.\Tirten applir.;ation b;, an employee, or the l'n10n on hchalf of the employee. to an employer and giving to rhe employer at least one month's notice, such cruployee shall be granted up to five \.\Orkmg davs lea,e (non-cumulative) on ordinarv pay, each calender year, to attend cours(;s and/or seminars conducted or accredited by the Australian Trade union Training Authoritv !Tl'Ttl,_J_ • 15373_1.DOC -- 1 of 2 -- 572 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [16 June, 1995 For the purposes of this Clause, ordinary pay shall mean at the ordinary weekly rate paid to the employee exclusive of any disability allowances. (2) The granting of TUT A Leave shall be sub_1cct to the following conditions:- (a) An employee must have at least six months service with an employer prior to such leave being granted. (b) This Clause :,hall not apply to an employer with les:, than five employees hound hy this Award. (c) The maximum number of employees of one and the same employer attending a TUTA course or seminar ul the same time will be as follows:- - Where the employer employs between 5 and 30 employees: Where the employer emplO)S bel~\een 30 and 50 employees: 2 - Where the employer employs between 50 and JOO employees: 3 Where the employer employs over I 00 employees: 4 (d) Where an employer has more than one place of employmt:nt in Queensland then the maximum number of employees entitled to attend a course at the same time shall be two. This shall not prevent an employer from agreeing to release additional employees. (e) The taking of TUTA leave shall be arranged so as to minimise any adverse affect on the employer's operation. Where an employer approaches the Cnion an<l demonstrates genuine difficulties with respect to the release of a particular employee at a particular time (including where the employer may have previously advised of its ability to release such employee) the Union will not unnecessarily press its request for the release of that employee at that time. If the matt~r is not amicably resolved, it shall be processed in ac.::ordance with the Grievance Procedure contained in this Award. ( f) The scope, content and level of the course shall be such as to contribute to a better understanding of industrial relations. industrial efficiency and workplace issues within the employer's operations. (g) ln granting such paid leave the employer is not responsible for any additional costs except the payment of extra remuneration where relieving arrangements are instituted to cover the absence of the employee. (h) Leave granted to attend TUTA courses will not incur additional payment if such course coincided with an employee's rostered day off. (i) The taking ofTUTA leaYe will not affect other leave granted to employees under this Award, nor shall it adversely affect the employee's ser.ice for the calculation of leave entitlements.". Dated this thirtieth day of May. I 995. By the Commission, [LS.] R.H. BLCMSOM. Industrial Registrar. Operative Date: 5th June 1995 Variation - Marine Stores and Bottle-Washing Establishments Award-SEO. Released: 2 June 1995 ####################################################### 15373_1.DOC 16 June, 1995] QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE 573 -- 2 of 2 --