Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees v Retailers' Association of Queensland Limited, Union of Employers [1995] QIRC 182 (1995) 149 QGIG 570

570 QUEENSLAND GOVERNMENT INDUSTRIAL GAZETTE [1 6 Jun e, 1995 ####################################################### QUEENSLAND INDUSTRIAL RELATIONS COMMISSION Industrial Relations Act I 990 s. 144 - application for variation Australian Liquor, Hospitality and Miscellaneous Workers Union, Queensland Branch, Union of Employees AND Retailers' Association of Queensland Limited. Union of Employers (No 8590of !995) BA KI NG AND PA STRY C OOKI NG (RETA IL STORE S) AW A RD - SOUTHERN AN D MA C KAY DIVI S ION S COMMISSIONER BECHLY 27 April 1995 VARIATION THIS matter coming on for hearing before the Commission at Brisbane on 20 and 27 April 1995, this Commission doth order that the said Award be varied as follows as from the eighth day of May. 1995: - By inserting a new clause 7E (Trade Union Training Leave) as follows: - "T rade Unio n Trai ni ng Lea ve 7E.( I) Th is clause shall not apply to a shop where less than 380 ordinary hours per week are worked under th is Award. (2) A union delegate or du ly elected or appointed union representative shall, upon written appl ication by a union in respect of which that person is a member, be granted up to five days leave with pay each calendar year, non cumulative, to attend courses conducted or approved by the Australian Trade Union Training Authority (TU TA) which are designed lo promote good industrial relations industria l efficiency in the reta il industry. The union parties responden t to this Award which intend to offer courses that qualify under this clause shall advise each of the empl oyer associations respondent to this Award o f the de tails of such courses at leas t three months prior to their proposed conduct. Other courses, not conducted or approved by TUTA but which arc agree d between a un ion party to this Award and an employer. or employers, may be included under this clause. Any written application by a union se eking 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. Such application shall be made not less than s ix weeks before the intended course, or such lesser pe ri od as may be agr eed be tween the employer, the un ion and the employee concerned. (3) Each emp loyer so approached by written application by the union sha ll respond to such application within fourteen days of rece ipt of such app licat ion by advising whether the request for release of the union delegate or representative is agreed to or otherwise . If the request is not agreed to the employer shall state the reasons for such rejection. 1537 3_ 1.DOC I6 Jun e, 1995] QUEENSLAND GOVERNMENT INDU STRIAL GAZETT E 57 1 If the union making the approach does not accept the reasons for rejection as communicated to it by the employer the rejection may be processed as a dispute pursuant to clause I IA (Disputes Avoidance) of this Award . (4) Only employees who have completed six momhs of continuous service with their current employer shall be eligible for leave under this clause. In the case where an employee has more than six months continuous service with the employer but is employed in a shop which has not been open for more than six months the employer shall not be required to grant leave during the first s ix months of such new shop's operation. (5) Subject to other requirements of this clause the taking of leave (to be known as TUTA leave) shall be arranged so as to minimise any adverse effect on the emp loyer 's operation. Where an employer approaches the union and demonstrates genuine difficulties with respect to the release of a particular union delegate or representati ve at a particular time (includ ing where the employer might have previously advised of its ability to release such union delegate or representative) the union will not unreasonably press its request for lhe release of that delegate/representative at that time. ff the matter is not amicably resolved it shall be processed as a dispute pursuant to clause 11 A (Disputes Avoidance) of this Award. (6) The maximum number of ordinary hours of TUTA leave which an employer shall be required to grant at each shop within any ca lendar year sha ll be as follows:- No. of ordinary hou rs worked at a shop per w eek A 380upto 1, 140hours B 1,14 1 uplo2 ,280hours C 2,281 up to 3,800 hours D more than 3,800 hours No . of ordinary hours leave per calendar year 38 hours 76 hours 114 hours 152 hours (7) At each shop the maximum number of employees auending a course at the same time shall be one in category A or two in categories B, C or D. Th is shall not stop an em ployer from agreeing to release additional employees. (8) Leave of absence granted pursuant to this clause shall count as serv ice for all purposes of the Award. (9) Each employee on TUTA leave in accordance with this clause sha ll be pa id a ll ordinary time earnings which such employee would have been paid had the emp loyee not been ahsent on such TUTA leave. (I 0) The employer shall not incur any liability with respect to the costs of travel to and from the place where the courses are conducted, nor to any accommodation and associated costs during such leave. (1 1) No additional liability shall be incurred by the employer should the course attended by an employee coincide with anv other paid leave ar ising under th is award. • ( 12) On completion of the course the emplo yer shall be provided with proof of a11endance at the course and information on the nature of the course. ( 13) In the even! that a scheduled rostered day off, resulting from a work arrangement established in accordance with this Award, an Industrial Agreement or a Certified Agreement, falls within a period of TUTA leave approved pursuant to this clause, no alternative day off shall be substituted in lieu. (1 4) Should an employee granted T UTA leave pursuant to this clause fail lo attend the nominated course or any part thereof, the emp loyer shall be notified by the employee or Union within twenty- four hours or as soon as practicable, and no payment is to be made by the emp loyer pursuant to this clause in respect of such TUT A leave for the period of non-attendance by the emp loyee concerned. (15) In determining the tenn 'year' or 'c alendar year' such reference shall be deemed to relate to the period between I January and 31 December each year. (16) A register shall be kept by the Union detai ling the attendan ce of employees at various courses. If TUTA keeps such a public register this subclause shall not apply.". Dated this twenty-seventh day of Apri l, 1995. By the Commission, (L.S. ] R.H . BLUMSOM, Industrial Registrar. Operative Date: 8 May 1995 Variation - TUT A Leave Released: 5 June 1995 ####################################################### 15 373_ 1.DOC -- 1 of 1 --