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Trade Union Training Leave Act 2009

1) i. The employer shall grant paid leave of absence to employees who are nominated by their Union to attend short courses conducted by the NEC.
ii. Paid leave of absence shall also be granted to attend similar courses or seminars as from time to time approved by agreement between the parties.

3) An employee shall be granted up to a maximum of 75 hours' paid leave per calendar year for trade union training courses

i. An employee shall be granted up to a maximum of 75 hours' paid leave per calendar year for trade union training courses conducted by the NEC.
ii. An employee shall be granted up to a maximum of 37.5 hours' paid leave per calendar year for trade union training of similar courses or seminars as approved. However, leave of absence in excess of 37.5 and up to 75 hours may be granted in any one calendar year provided that the total leave being granted in that year and in the subsequent year does not exceed 75 hours.

4) Leave of absence will be granted at the ordinary rate of pay and shall not include shift allowances, penalty rates or overtime.

5) Where a public holiday or rostered day off falls during the duration of a course, a day off in lieu of that day will not be granted.

6) Subject to clause (1) of this Act shift workers attending a course shall be deemed to have worked the shifts they would have worked had leave not been taken to attend the course.

7) The granting of leave pursuant to the provisions of clause (1) of this Act is subject to the operation of the employer not being unduly affected or inconvenienced.

8 ) Any application by an employee shall be submitted to the NEC for approval at least four weeks before the commencement of the course, provided that the employer may agree to a lesser period of notice.

9) All applications for leave shall be accompanied by a statement from the relevant Union indicating that the employee has been nominated for the course. The application shall provide details as to the subject, commencement date, length of course, venue and the Authority which is conducting the course.

10) i. A qualifying period of 12 months in employment shall be served before an employee is eligible to attend courses or seminars of more than one-half day duration.
ii.The NEC may, in special circumstances, approve an application to attend a course or seminar where an employee has less than 12 months' service.

11) i. The employer shall not be liable for any expenses, except wages, associated with an employee's attendance at trade union training courses.
ii. The Union shall be liable for all expenses, except wages, associated with an employee's attendance at trade union training courses
iii. The NEC may accept liability at its discretion

12) Leave of absence granted under this Act shall include any necessary travelling time in normal working hours immediately before or after the course.

13) The provisions of this Act shall not apply to casual employees.


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