AN150130 – Retail Industry (South Australia) Award

CLAUSE 7.9 TRADE UNION TRAINING LEAVE
OPDATE 15:03:2006 1st pp on or after

7.9.1 General obligation to allow trade union training leave

Employees shall 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 appropriate Trade Union training authority. Preference in the granting of this leave shall be given to members of the Union.

7.9.2 General quantum of trade union training leave

7.9.2.1 Where an employer employs full-time and/or part-time employees bound by this award who work in total less than 380 hours per week, no leave need be granted.

7.9.2.2 Where an employer employs full-time and/or part-time employees bound by this award who work in total between 380 and less 1,900 hours per week, a maximum of 5 days' leave per annum shall be granted by that employer.

7.9.2.3 Where an employer employs full-time and/or part-time employees bound by this award who work in total between 1,900 and less than 3,800 hours per week, a maximum of 10 days' leave per annum shall be granted by that employer.

7.9.2.4 Where an employer employs full-time and/or part-time employees bound by this award who work in total 3,800 or more hours per week, a maximum of 20 days' leave per annum shall be granted by that employer.

7.9.3 Additional trade union training leave for union delegates

7.9.3.1 Employees who are recognised as job delegates by the employer shall be allowed additional leave without loss of pay for ordinary working hours (excluding penalty payments) in accordance with the following criteria:

7.9.3.2 Where an employer employs full-time and/or part-time employees bound by this award who work in total less than 380 hours per week, no leave need be granted.

7.9.3.3 Where an employer employs full-time and/or part-time employees bound by this award who work in total between 380 and less than 1,900 hours per week, an additional 5 days' leave per annum shall be granted by that employer.

7.9.3.4 Where an employer employs full-time and/or part-time employees bound by this award who work in total between 1,900 and less than 3,800 hours per week, an additional 10 days' leave per annum shall be granted by that employer.

7.9.3.5 Where an employer employs full-time and/or part-time employees bound by this award who work in total 3,800 or more hours per week, an additional 15 days' leave per annum shall be granted by that employer.

7.9.4 Maximum amount of leave per year per employee

An individual employee shall not be granted more than 5 days leave within any period of 12 consecutive months without the consent of the employer.

7.9.5 Trade union training leave for casual employees

Casual employees who have been employed for at least 12 months and who have worked an average of at least 20 ordinary time hours per week over the preceding 12 months shall, subject to this clause, be entitled to trade union training leave without loss of pay for the ordinary hours that would have been worked by those casual employees during the period of trade union training leave.

7.9.6 Notice of application for leave

An application for leave pursuant to this clause should, where 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.

7.9.7 No disruption to employer's business

Leave shall only be granted where the employer is able to make adequate staffing arrangements during the period of leave and so long as no disruption is likely to be caused to the conduct of the employer's business. The onus shall rest with the employer to demonstrate an inability to grant leave under this paragraph.

7.9.8 Employee service before entitlement to leave

An employee must complete a period of 12 months service with an employer before becoming eligible for the leave. In the case of shops which have recently opened, a minimum of 6 months' service (rather than 12 months') must be completed. Should the employer demonstrate that allowing leave before completion of 12 months' service will cause disruption, this provision will not apply.

7.9.9 Maximum number of employees on leave at any one time

At any one time, no more than one employee of any one establishment of an employer covered by this award shall be on leave pursuant to this clause unless the employer agrees otherwise.

7.9.10 Employers exempted

This clause shall not bind an employer who employs full-time or part-time employees bound by this Award who work in total less than 380 hours per week.

7.9.11 No liability for additional costs

The employer shall not be liable for any additional costs (other than the payment of wages) to the employee while the employee is on leave except for the payment of extra remuneration where relieving arrangements are instituted to cover the absence of the employee.

7.9.12 Applications for leave

An application for leave pursuant to this clause shall be made in writing by the Union to the employer and shall include the following details.

(a) the name of the employee for whom leave is sought

(b) period of time for which leave is sought (including daily commencing and finishing times)

(c) title, description and agenda of the course or courses to be attended

(d) the place or places where the course will be held

(e) the name of the person or persons conducting the course

(f) a copy of the syllabus or curriculum of the course to be attended, if available.

7.9.13 Recall of employees from leave

Where an employee attending a course pursuant to this clause is recalled to work by the employer because of reasons unforeseen at the time of granting leave, all time spent at the course prior to recall shall be reinstated as if no leave had been taken.

7.9.14 Employee failing to attend a course

Where an employee fails to attend the course for which leave has been granted by the employer, the Union shall notify the employer as soon as possible of both the non- attendance and the period of non-attendance. The employer shall not be required to pay wages for any period of leave during which the employee does not attend the designated course unless the employee demonstrates that failure to attend the course was due to illness.

7.9.15 Report by employees on course

Employees granted leave shall, within 14 days after completion of the course for which leave was granted, provide the employer with a report outlining the nature of the course and the employees' observations on it.

7.9.16 Continuous service

Leave taken pursuant to this clause shall be counted as continuous service for all purposes of the award and for the purposes of the Long Service Leave Act, 1987.