Paid training leave in some modern awards

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Paid training leave in some modern awards

Dispute resolution procedure training leave is a provision in some modern awards and, in some respects, operates in a similar way to trade union training leave.

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Dispute resolution procedure training leave is a provision in some modern awards and, in some respects, operates in a similar way to trade union training leave.
 
This question to WorkplaceInfo drew attention to this form of leave.
 
We are a manufacturing company, of which approximately 25% of our workforce are members of the relevant trade union.
 
Members of each union have elected a delegate (one in the manufacturing area and one in the clerical and admin area).
 
The respective unions have advised their delegates that they are entitled to paid training leave with respect to dispute resolution.
 
Both have approached the factory manager regarding taking this leave.
 
We were of the view that trade union training leave no longer applied under modern awards.
 
Are the delegates entitled to paid training leave or is this subject to the company’s agreement?
 
Trade union training leave is no longer a provision in modern awards; however, some modern awards provide for paid ‘dispute resolution procedure training leave’, although such provision is not standard.
 
For example, cl 11 of the Manufacturing and Associated Industries and Occupations Award 2010 provides for up to five days paid training leave to an eligible employee representative to attend courses that are directed to the enhancement of the operation of dispute resolution procedure in relation to the award or an agreement.
 
The number of delegates who can apply for such leave is subject to certain quota restrictions based on the number of employees employed by the employer.
 
An ‘eligible employee representative’ is an employee who is a shop steward, a delegate or an employee representative duly elected or appointed by the employees in the enterprise or workplace to represent employees in the dispute resolution procedure.
 
Other modern awards
 
Other modern awards that contain a paid dispute resolution procedure training leave provision include the Building and Construction General On-Site Award 2010 and the Graphic Arts, Printing and Publishing Award 2010. Generally, there is no provision in modern awards for paid leave in respect of attending other training-related courses.
 
Conversely, the Clerks — Private Sector Award 2010 does not provide for paid dispute resolution procedure training leave. Therefore, reference should be made to the applicable modern award to determine an employee’s entitled to this paid training leave.
 
Source: Paul Munro, IR Consultant.
 
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