AN150011 – AWU/CFMEU Construction and Maintenance Award (South Australia) 1989

CLAUSE 51. TRADE UNION TRAINING LEAVE
OPDATE 30:10:91 1st pp on or after

(a)(i) Subject to all qualifications in this clause, an employee appointed or elected as an accredited representative of the union (as defined) shall, upon application in writing to the employer, be granted up to 5 days leave with pay each calendar year non-cumulative to attend courses conducted or approved by the Australian Trade Union Training Authority.

(ii) Such courses shall be designed and structured with the objective of promoting good industrial relations within the building and construction industry.

(iii) Consultation may take place between the parties and the Australian Trade Union Training Authority, where appropriate, in the furtherance of this objective.

(b) For the purposes of this clause an 'accredited representative of the Union' shall mean a job steward recognised by the employer in accordance with sub clause 43 (a) of this award.

(c) The following scale shall apply:

No. of employees	Max no. of employees	Max no. of days
covered by this award	eligible to attend per year	permitted per year
Up to 15	1	5
16 - 30	2	10
31 - 50	3	15
51 - 100	4	20
101 and over	5	25

(d) The application for leave shall be given to the employer at least 6 weeks in advance of the date of commencement of the course. The application for leave shall contain the following details:

(i) The name of the employee seeking the leave;

(ii) The period of time for which the leave is sought (including course dates and daily commencing and finishing times); and

(iii) The title, general description and structure of the course to be attended and the location of where the course is to be conducted.

(e) The employer shall advise the union within seven clear working days (Monday to Friday) of receiving the application as to whether or not the application for leave has been approved.

(f) The time of taking leave shall be arranged so as to minimise any adverse effect on the employer's operations. The onus shall rest with the employer to demonstrate an inability to grant leave when an eligible employee is otherwise entitled.

(g) An employer shall not be liable for any additional expenses associated with an employee's attendance at a course other than the payment of ordinary time earnings for such absence. For the purpose of this clause ordinary time earnings shall be defined as the relevant award classification rate including supplementary payments, shift work loadings where relevant plus overaward payments where applicable.

(h) Leave rights granted in accordance with this clause will not result in additional payment for alternative time off to the extent that the course attended coincides with an employee's day off in the 19 day month work cycle or with any concessional leave.

(i) An employee on request by their employer shall provide proof of their attendance at any course within 7 days. If an employee fails to provide such proof, the employer may deduct any amount already paid for attendance from the next week's pay or from any other monies due to the employees.

(j) Where an employee is sick during a period when leave pursuant to this clause has been granted proof of attendance at the course is not required for that period and the employee shall receive payment, if entitled under the provision of clause 29 of this award.

(k) Leave of absence granted pursuant to this clause shall count as service for all purposes of this award.

(l) Any dispute as to any aspect of the operation of this clause, shall be resolved in accordance with the dispute settlement procedure of this award.