AN150140 – Social and Community Services Award

AN150140 – Social and Community Services Award

PART 9 – TRAINING AND RELATED MATTERS

CLAUSE 9.1 TRADE UNION TRAINING LEAVE
OPDATE 04:11:2005 on and from

9.1.1 Subject to the conditions of this clause, employees at any one establishment of any employer and who are members of the Union will be entitled to leave to attend trade union training courses conducted or sponsored by the Union.

9.1.2 No employer will be required to grant more than ten rostered shifts in two calendar years to eligible employees at any one establishment to be calculated from the date leave is first granted.

9.1.3 An employer will not be required to grant such leave unless he or she employs five or more equivalent full-time employees subject to this Award on any given premises. To establish the number of equivalent full-time employees, the total paid hours per week of employees covered by this Award will be divided by thirty-eight.

Despite the above, where an employer employs less than five equivalent full-time employees subject to this Award on any given premises, the employer will grant a maximum of five normal working days leave per premises per annum.

9.1.4 Leave granted pursuant to this clause will be subject to the following conditions:

9.1.4.1 The employer affected by the leave should be advised and consulted as to the nature and content of the course to be attended.

9.1.4.2 The scope, content and level of course for which leave is granted will be such as to contribute to a better understanding of Industrial Relations.

9.1.4.3 All applications for leave pursuant to this clause must be made in writing by the Union to the employer stating the following details:

(a) the name of the employee seeking leave;

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

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

(e) the name of the person or organisation conducting the course or courses;

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

9.1.4.4 Not less than four weeks notice will be given to the employer.

9.1.4.5 An employee must complete a period of twelve months service with an employer before becoming eligible for the leave.

9.1.4.6 The granting of such leave will be subject to the employer being able to make adequate staffing arrangements during the period of such leave. However, an employer must not use this paragraph to avoid his or her obligation under this clause.

9.1.4.7 At any one time, no more than one employee of any one establishment of any employer covered by this Award will be on leave pursuant to this clause unless otherwise agreed.

9.1.4.8 An employee is not entitled to payment for attendance at such a course unless the employee would have otherwise been rostered to attend for work on the day concerned.

9.1.5 An employer is not liable for any additional expense associated with an employee's attendance at a Trade Union course other than for the payment of the shift for such absence.

9.1.6 Should a programmed day off fall during an employee's attendance at a course, a day off in lieu of that day will not be granted. The programmed day off will not be debited as trade union training for purposes of the total number of days permitted per year.

9.1.7 Where an employee attending a course pursuant to this clause is recalled to the employee's 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 must be reinstated as if such leave was not taken.

9.1.8 Where an employee fails to attend the course for which leave has been granted by the employer, the Union must notify the employer as soon as possible of the non-attendance and the period thereof. The employer will not be required to make payments for any period of leave granted unless the employee can substantiate that the failure to attend this course was due to illness. In this regard payment will be made in accordance with Clause 7.2 Sick Leave.

9.1.9 Upon request an employee granted such leave must provide to the employer a brief outline of the nature of the course and the employee's observation thereof.

9.1.10 Leave taken pursuant to this clause will be counted as continuous service for all purposes of the Award and for the purpose of long service leave entitlements.

9.1.11 Any dispute regarding the operation of this clause may be referred to the Commission.