AN150038 – Clerks (Retail Industry) Award
CLAUSE 7.7 TRADE UNION TRAINING LEAVE
OPDATE 12:03:2004 on and from
7.7.1 Employees, other than casuals will be allowed leave without loss of pay for ordinary working hours (excluding penalty payments) to attend trade Union training courses conducted or sponsored by the Union(s).
7.7.2 Where an employer employs:
7.7.2.1 less than 10 full-time employees bound by this Award no leave need be granted;
7.7.2.2 10 full-time employees bound by this Award and less than 50 full-time employees bound by this Award, a maximum of 5 days leave per annum;
7.7.2.3 50 full-time employees bound by the Award and less than 100 full-time employees bound by this Award, a maximum of 10 days per annum;
7.7.2.4 100 or more full-time employees bound by this Award, a maximum of 20 days leave per annum.
An individual employee will not be granted more than 5 days leave within any period of 12 consecutive months without the consent of the employer.
7.7.3 Subject to clauses 7.7.5 and 7.7.9, employees, other than casuals, bound by this Award who are recognised as job delegates by the employer will be allowed leave without loss of pay for ordinary working hours (excluding penalty payments) in accordance with the following criteria:
7.7.3.1 Employers with less than 10 full-time employees bound by this Award: no leave.
7.7.3.2 Employers with more than 10 full-time employees bound by this Award and less than 50 full-time employees bound by this Award: 5 days.
7.7.3.4 Employers with more than 50 full-time employees bound by this Award and l less than 100 full-time employees bound by this Award: 10 days.
7.7.3.5 Employers with more than 100 full-time employees bound by this Award: 15 days.
7.7.4 Leave taken by a job delegate pursuant to this subclause which exceeds 5 normal working days will be deemed as leave taken pursuant to the formulae prescribed by clause 7.7.2, whichever will apply.
7.7.5 An application for leave pursuant to this clause should, when possible, be made 8 weeks prior to the date of commencement of the course. If less than 4 weeks notice is given leave need not be granted.
7.7.6 Leave will only be granted where the employer is able to make adequate staffing arrangements during the period of such leave and provided that no disruption is likely to be caused to the carrying on of the employers business. The onus will rest with the employer to demonstrate inability to grant leave for these reasons.
7.7.7 An employee will have completed a period of 12 months service (not including periods of service as a casual employee) with an employer before becoming eligible for the leave.
7.7.8 At any one time, no more than one employee of any one establishment of an employer covered by this Award will be on leave pursuant to this clause unless otherwise agreed.
7.7.9 This clause will not bind an employer who employs less than 10 full-time employees bound by this Award.
7.7.10 The employer will not be liable for any additional cost other than the payment of wages to the employee whilst on leave except for the payment of extra remuneration where relieving arrangements are instituted to cover the absence of employees.
7.7.11 An application for leave pursuant to this clause will be made in writing by the Union to the employer and will include the following details:
7.7.11.1 the name of the employee seeking leave;
7.7.11.2 period of time for which leave is sought (including daily commencing and finishing times);
7.7.11.3 title, description and agenda of the course or courses to be attended;
7.7.11.4 the place or places where the said course will be held;
7.7.11.5 the name of the person or persons conducting the said course or courses;
7.7.11.6 a copy of the syllabus or curriculum of the course or courses to be attended if available.
7.7.12 Where an employee attending a course pursuant to this clause is recalled to the employees place of work by the employer because of reasons unforeseen at the time of granting the said leave all time spent at the course prior to recall will be reinstated as if such leave was not taken.
7.7.13 Where an employee fails to attend the course or courses for which leave has been granted by the employer the Union will notify the employer as soon as possible of the non-attendance and the period thereof. The employer will not be required to make payment for any period of leave granted that is not utilised in the attendance at a course unless the employee can substantiate that the failure to attend the course was due to illness.
7.7.14 Employees granted leave will within 14 days of completion of the course or courses for which leave was granted, provide to the employer a report outlining the nature of the course and the employees observations on it.
7.7.15 Leave taken pursuant to this clause will be counted as continuous service for all purposes of the award and for the purposes of the Long Service Leave Act 1987.
