MECHANICAL OPTICIANS (STATE)
AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Awards pursuant to Section 19 of the Industrial
Relations Act 1996.
(Nos. IRC 3777, 3778
and 4196 of 1999)
Before Commissioner McLeay
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24 October 2000
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REVIEWED AWARD
1. Arrangement
Clause No. Subject Matter
6. Adult Apprentices
19. Annual
Leave
2. Anti-Discrimination
5. Apprentices
32. Area,
Incidence and Duration
1. Arrangement
25. Bereavement
Leave
10. Casual and
Part-time Employees
13. Contract
of Employment
3. Definitions
16. Enterprise
Arrangements
24. General
Conditions
30. Grievance
and Dispute Resolution Procedures
18. Holidays
7. Hours
26. Jury
Service
20. Long
Service Leave
11. Meals
12. No Extra
Claims
9. Overtime
23. Parental
Leave
28. Payment of
Wages
22. Personal/Carer's
Leave
29. Redundancy
31. Right of
Entry
8. Shift Work
27. Shop
Stewards
21. Sick Leave
14. Structural
Efficiency
17. Sundays
15. Training
4. Wages
2.
Anti-Discrimination
(1) It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations Act 1996 to prevent and
eliminate discrimination in the workplace. This includes discrimination on the
grounds of race, sex, marital status, disability, homosexuality, transgender
identity and age.
(2) It follows
that in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent
with the fulfilment of those obligations for the parties to make application to
vary any provision of the award which, by its terms or operation, has a direct
or indirect discriminatory effect.
(3) Under the Anti-Discrimination
Act 1977, it is unlawful to victimise an employee because the employee has
made or may make or has been involved in a complaint of unlawful discrimination
or harassment.
(4) Nothing in
this clause is taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination Act 1977;
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
federal jurisdiction.
(5) This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
NOTES:
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977 provides:
Nothing in the Act affects any other act or practice of a
body established to propagate religion that conforms to the doctrines of that
religion or is necessary to avoid injury to the religious susceptibilities of
the adherents of that religion."
3. Definitions
"Union" means Automotive, Foods, Metal,
Engineering, Printing and Kindred Industries Union, New South Wales Branch
(AFMEPKIU).
Paid Rates Award - The rates prescribed by the award are
maximum rates and employers shall not pay more than the rates prescribed by
this award.
"Casual employee" shall mean an employee as
defined in clause 10, Casual and Part-time Employees of this award.
"Part-time employee" shall mean an employee as
defined on clause 10, Casual and Part-time Employees of this award.
4. Wages
(i)
(a) Optical Worker
1 - An adult employee with no previous experience during the first year of
employment in the industry.
Total Rate: $376.80
(b) Optical Worker
2 - An adult employee who has been an Optical Worker 1 for twelve months and is
required to carry out the majority of the following functions:
Material Selection;
Painting or Taping;
Grind Blocking:
Tool Selection;
Fining;
Polishing;
Deblocking;
Cleaning;
Grind File;
Template Selection;
Fitting Blocking;
Deblocking (fitting)
Cleaning (Fitting);
Lens Toughening;
Dispatching;
Tinting.
Total Rate: $395.30
(c) Optical Worker
3 - An adult employee who has been an Optical Worker 2 for 12 months and is
required to carry out the majority of the following additional functions:
Automatic Generating;
Template Making;
Automatic Edging;
Layout Marking (Grind and Fitting); or
An adult employee, after working as an Optical Worker 1
for twelve months and carries out vacuum coating operations, computer
calculations, or work in a laboratory service office:
Total Rate: $428.40
(d) Optical Worker
4 - An adult employee who has been an Optical Worker 3 for 12 months and is
required to carry out the majority of the following additional functions:
Manual Generating;
Power Checking (Dotting);
Fitting;
Hand Roughing;
Final Checking.
Total Rate: $436.40
(e) Optical
Mechanic 1 - A tradesperson who has served an apprenticeship in this industry.
Reject control and determining remedial action after final
checking will be the responsibility of a tradesperson only.
Total Rate: $484.80
(f) Optical
Mechanic 2 - An Optical Mechanic 1 with twelve months experience who, through
the application of additional skills, is required by his/her employer to carry out
all of the following work in the normal course of his/her employment, with
minimum supervision:
Fault finding;
Removal of parts, assemblies or machines and arrange
for their repair;
Replacement of parts, assemblies or machines with new
or repaired parts, assemblies or machines.
Total Rate: $500.20
(g) Optical
Mechanic 3 - An Optical Mechanic who, through the application of additional
skills, is required by his/her employer to carry out work in a laboratory
and/or a superstore laboratory, in the normal course of his/her employment
without supervision.
Total Rate; $512.60
(ii) Contact
Lenses Definitions - The laboratory is split up into a number of work
areas. Some jobs consist of three or
four separate processes, other jobs consist of only one process. An optical worker will train to perform a
majority of the following functions:
Function 1: Base
surface cutting (automatic);
Base curve cutting (manual);
Edge rounding;
Base curve polishing.
Function 2: Blocking;
Front surface cutting (automatic);
Front surface cutting (manual).
Function 3: Edge
curve polishing;
Optic curve polishing;
Final edge rounding.
Function 4: Final
dry lens checking.
Function 5; Slab
off cutting (Accucyls).
Function 6: Toric
bending;
Toric blocking.
Function 7: P/B
fronts;
Optic cutting;
Slab off cutting.
Function 8: Truncation.
Function 9: Final
checking.
Function 10: Intake;
Lens Cleaning:
Despatch.
Function 11: Hard
lens cleanse.
Function 12: Soft
lens cleanse.
Definitions - Contact Lenses -
Optical Worker 1 - An adult employee during the first
year of employment in the industry.
Rate of Pay: $376.80
Optical worker 2 - An adult employee who has been an
Optical Worker 1 for 12 months, and successfully performs at least three of the
contact Lens functions.
Rate of pay: $395.30
Optical Worker 3 - An adult employee who has been
Optical Worker 2 for 12 months, and successfully performs at least five of the
Contact Lens functions.
Rate of Pay: $428.40
Optical Worker 4 - An adult employee who has been an
Optical Worker 3 for 12 months, and successfully performs at least eight of the
contact Lens functions.
Rate of Pay: $436.40
Definitions - Optical Mechanic
Optical Mechanic 1 - A tradesperson who has served an
apprenticeship in this industry and performs functions 1 - 12.
A number of preventative maintenance and quality control
procedures are the responsibility of a tradesperson:
Setting of NC machinery;
Setting of lathes for sphere;
Inspection, replacement and setting of diamond tools;
Reject analysis, remedial action;
Rx adjustment.
Rate of pay: $484.80
Optical Mechanic 2 - An Optical Mechanic 1 who, through
the application of additional skills, is required by his/her employer to carry
out all of the following work in the normal course of his/her employment:
Fault finding;
Removal and replacement of parts;
Periodic on-line maintenance.
Rate of pay: $500.20
Optical Mechanic 3 - An Optical Mechanic 2 who is
required to carry out the following quality control and maintenance reliability
procedures;
Acceptance sampling;
Calibration of checking equipment;
Checking and adjustment of equipment setting.
Rate of pay: $512.60
(iii) Charge
Hands -
(a) In charge of
not less than two employees and not more than ten employees - $15.40 per week
extra.
(b) In charge of
more than ten employees but not more than twenty employees - $23.00 per week
extra.
(c) In charge of
more than twenty employees - $29.40 per week extra.
(iv) Juniors -
Unapprenticed juniors shall be paid the undermentioned percentages of the total
rate of pay prescribed for Optical Worker 2 in paragraph (b) of subclause (i)
of this clause for adult employees for work in other than a declared trade:
At 16 years of age and under
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34.0%
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At 17 years of age
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43.5%
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At 18 years of age
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55.0%
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At 19 years of age
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68.0%
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At 20 years of age
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81.0%
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Such rates shall be calculated to the nearest 5 cents, any
broken part of 5 cents not exceeding half of 5 cents to be disregarded.
(v) Proviso - It
is further provided that in the event that the wage rates prescribed by this
award are so increased by Order of the Industrial Commission of New South Wales
pursuant to section 51 of the Industrial Relations Act 1996, it is
agreed that the increases granted in this award are to be absorbed or be in
lieu of any increases brought about by the said Order except where any
increases determined would produce an increase in excess of $30.00 during the
life of this award.
(vi) Casual
Employee - Casual employees shall be paid at an hourly rate equal to that
appropriate weekly rate divided by forty or by the number of ordinary hours
worked by employees, other than casual or part-time employees, in the
establishment, whichever is the lesser, plus 15 per cent with a minimum payment
of four hours' work at the appropriate rate.
(vii) Part-time
Employee - Part-time employees shall be paid at an hourly rate equal to the
appropriate weekly rate divided by:
(a) 40; or
(b) by the number
of hours worked by weekly employees in the establishment in which the person is
employed, whichever is less.
(viii) The rates of
wages for apprentices shall be as follows:
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Per week
$
|
|
|
1st Year
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193.80
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2nd Year
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282.80
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3rd Year
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374.00
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4th Year
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422.00
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The industry allowance is included in the above rates.
The total wages of apprentices shall be calculated to the
nearest ten cents, less than five cents to go to the lower amount, five cents
or more to go to the higher amount.
(ix) Adult
Apprentices -
(a) Where a person
was employed by an employer in the optical industry immediately prior to
becoming an adult apprentice with that employer, such person shall not suffer a
reduction in the rate of pay by virtue of becoming indentured.
(b) Subject to
paragraph (a) of this subclause the rate of pay for an adult apprentice shall
be the award wage prescribed in paragraph (a) of subclause (i) of this clause
at the time of undertaking an apprenticeship or the rate prescribed by
subclause (viii) of this clause for the relevant year of apprenticeship,
whichever is the greater.
5. Apprentices
(i) Overtime and
Shift Work -
(a) No apprentice
or probationer under the age of 19 years shall be required to work overtime or
shift work unless he/she so desires.
(b) In any week
for all work done before the fixed starting time or later than the fixed
ceasing time the rates of pay shall be time and one-half for the first two
hours and double time thereafter for any overtime for that week. Provided that the rate for overtime shall
not be less than the rate herein prescribed, or 20 cents per hour, whichever is
the higher.
(ii) Leave
Provisions - Apprentices shall be entitled to annual leave, bereavement and
jury service leave in accordance with the provisions of this award.
(iii) General -
Apprentices shall be provided with all necessary tools and a text-book approved
by the Conciliation Committee if available.
6. Adult Apprentices
(i) Definition
- For the purposes of this award an adult apprentice means a person of 21 years
of age or over at the time of entering into an indenture.
(ii) The
provisions of clause 5, Apprentices, shall apply to adult apprentices unless
specifically provided otherwise by this clause.
(iii) Preference
-
(a) Preference of
employment as an adult apprentice should be given to an applicant who is
currently employed by the employer so as to provide for genuine career path
development.
(b) Adult
apprentices shall not be employed at the expense of other apprentices.
(iv) Reviews -
Parties to the award agree that a jointly conducted comprehensive review of the
effectiveness of adult apprenticeships shall be undertaken to determine whether
or not adult apprenticeships should continue in their existing form.
7. Hours
(i) The
ordinary working hours exclusive of meal times shall be forty per week, and not
more than eight hours per day, Monday to Friday, inclusive. The said ordinary hours shall be worked on
the said days between the hours of 6.30 a.m. and 6.00 p.m..
(ii) Any
variations to the spread of hours within the times as provided in subclause (i)
of this clause shall be by agreement with the employees concerned, provided
that so long as employees covered by the Shop Employees (State) Award are
required to work on Saturday morning, by arrangement between the union and any
employers who are parties to this award, the ordinary working hours for employees
may be worked 7 hours, 24 minutes each day, Monday to Friday, inclusive, and
three hours on Saturday mornings between 9.00 a.m. and 12.00 noon.
(iii) Casual
Employees - The spread of ordinary hours of work, exclusive of meal times,
shall be the same as those worked by weekly employees in the establishment
concerned.
(iv) Part-time
Employees - The spread of ordinary hours of work exclusive of meal times shall
be the same as those prescribed for weekly employees but shall not in any case
be less than 15 hours per week. The
ordinary hours of work shall not exceed eight hours per day.
8. Shift Work
(i) Definitions
- For the purposes of this clause:
"Afternoon Shift" means any shift finishing
after 6.00 p.m. and at or before midnight.
"Night Shift" means any shift finishing
subsequent to midnight and at or before 8.00 a.m..
"Rostered Shift" means any shift of which the
employee concerned has had at least forty-eight hours' notice.
(ii) Hours -
other than continuous work - This subclause shall apply to shift workers not
upon continuous work at hereinbefore defined.
The ordinary hours of such shift workers shall not exceed:
(a) Forty in any
week to be worked in five shifts of 8 hours.
(b) Eighty in
fourteen consecutive days in which case an employee shall not, without payment
for overtime, be required to work more than eight consecutive hours on any
shift or more than six shifts in any week.
Such ordinary hours shall be worked continuously except for
meal breaks at the discretion of the employer.
An employee shall not be required to work for more than five hours
without a break for a meal.
Except at regular change over of shifts, an employee shall
not be required to work more than one shift in each twenty-four hours.
(iii) Rosters -
Shift rosters shall specify the commencing and finishing times of ordinary
working hours of the respective shifts.
(iv) Variations
by Agreement - The method of working shifts may in any case be varied by
agreement between the employer and the majority of employees, or the union
where applicable, to suit the circumstances of the establishment.
The time of commencing and finishing shifts once having been
determined, may be varied by agreement between the employer and the majority of
employees to suit the circumstances of the establishment in the absence of
agreement by seven days' notice of alteration given by the employer to the
employees.
(v) Afternoon or
Night Shift Allowances -
(a) A shift
worker, whilst on afternoon or night shift, shall be paid for such shift 15 per
cent more than his/her ordinary rate.
(b) A shift worker
who works on an afternoon or night shift which does not continue for at least
five successive afternoons or nights in a five-day workshop or for six
successive afternoons or nights in a six-day workshop shall be paid for each
such shift 50 per cent for the first two hours thereof and 100 per cent for the
remaining hours thereof in addition to his/her ordinary rate.
(c) An employee
who:
(1) during a
period of engagement on shift, works night shift only; or
(2) remains on
night shift for a longer period than four consecutive weeks; or
(3) works on a
night shift which does not rotate or alternate with another shift or with day
work so as to give him at least one-third of his/her working time off night
shift in each shift cycle;
shall during such engagement period or cycle be paid 30
per cent more than his/her ordinary rate for all time worked during ordinary
working hours on such night shift.
(vi) Saturday
Shifts - The minimum rate to be paid to a shift worker for work performed
between midnight on Friday and midnight on Saturday shall be time and
one-half. Such extra rate shall be in
substitution for and not cumulative upon the shift premiums prescribed in subclause
(v) hereof.
(vii) Overtime - Shift
workers for all time worked in excess of or outside the ordinary working hours
prescribed by this award or on a shift other than a rostered shift shall:
(a) if employed on
other shift work at a rate of time and one-half for the first two hours and double
time thereafter;
except in each case when the time is worked
(b) by arrangement
between the employees themselves;
(c) for the
purpose of effecting customary rotation of shifts.
Provided that when not less than eight hours' notice has
been given to the employer by a relief person that he/she/ will be absent from
work and the employee who he/she should relieve is not relieved and is required
to continue to work on his/her rostered day off, the unrelieved employee shall
be paid double time.
(viii) Requirements
to Work Reasonable Overtime - An employer may require an employee to work
reasonable overtime at overtime rate and such employee shall work overtime in
accordance with such requirements.
(ix) Sundays and
Holidays - Shift workers on other than continuous work for all time worked on a
Sunday or holiday shall be paid at the rate prescribed by clause 17, Sundays
and 18, Holidays. Where shifts commence
between 11.00 p.m. and midnight on a Sunday or holiday, the time so worked
before midnight shall not entitle the employee to the Sunday or holiday rate;
provided that the time worked by an employee on a shift commencing before
midnight on the day preceding a Sunday or holiday and extending into a Sunday
or holiday shall be regarded as time worked on such Sunday or holiday.
Where shift falls partly on a holiday, that shift the major
portion of which falls on a holiday shall be regarded as a holiday shift.
9. Overtime
(i) All work
done before the fixed starting time or after the fixed ceasing time shall be
paid for at the rate of time and one-half for the first two hours, and double
time thereafter.
(ii) Where an
employee is required to work overtime for a period in excess of one and a half
hours he/she shall be supplied with a meal by the employer or be paid $6.50
meal allowance, where between Monday and Friday a second or subsequent meal is
taken the employee shall be supplied with a meal by the employer or be paid
$6.50 meal allowance. This allowance to
be paid on the day when overtime is worked where practicable.
(iii) An employee
working overtime shall be allowed a crib time of twenty minutes without
deduction of pay after each four hours of overtime if the employee continues to
work after such crib time.
Where the period of overtime to be worked is more than one
and a half hours an employee before starting overtime after working ordinary
hours shall be allowed a meal break of twenty minutes which shall be paid for
at ordinary rates. An employer and
employee may agree to any variation of this provision to meet the circumstances
of the work in hand provided that the employer shall not be required to make
any payment in respect of any time allowed in excess of twenty minutes.
10. Casual and Part-Time
Employees
(i) "Casual
employee" shall mean an employee who is engaged and paid as such, whose
spread of ordinary hours shall be set out in subclause (iii) of clause 7,
Hours, and whose rate of pay shall be calculated pursuant to subclause (vi) of
clause 4, Wages.
(ii) "Part-time
employee" shall mean an adult employee who is employed to work regular
days and regular hours, either of which are less than the number of days or
hours worked by weekly employees, employed by the employer, but such days shall
not be less than 3 per week and such hours shall not be less than 15 per week:
(a) The spread of
ordinary hours of part-time employees shall be as set out in subclause (iv) of
clause 7, Hours, of this award and their rate of pay shall be calculated
pursuant to subclause (vii) of clause 4, Wages, of this award.
(b) Notwithstanding
anything else contained in this award, the provisions of this award with
respect to annual leave, annual leave loading, sick leave, jury service,
bereavement leave and holidays shall apply to part-time employees.
(c) A part-time
employee shall not be employed to replace a full-time employee. The ratio of part-time employees to
full-time employees shall not exceed 1:3.
(d) Notwithstanding
the provisions of this clause, the majority of employees and an employer may
agree in writing to observe other conditions in order to meet special cases.
(iii) Employers
employing casual and part-time employees shall observe wages and conditions
generally applied to weekly employees.
11. Meals
(i) An interval
of not less than 30 minutes shall be allowed for lunch.
(ii) By
agreement between the employer and the employee, the meal break of 30 minutes
can be staggered within a reasonable time frame.
(iii) No employee
shall work for more than five hours without a break for a meal except in the
following circumstances where up to 6 hours may be worked without a break for a
meal by agreement:
(a) Where weekly
employees are working their ordinary hours on the basis of a short day; or
(b) Where a casual
employee or a part-time employee is engaged to work no more than six hours in
any day.
12. No Extra Claims
It is a term of this award (arising from the decision of the
Industrial Commission in Court Session in the State Wage Case of 29 May 1991)
that the union(s) undertake(s), for the duration of the principles determined
by that decision, not to pursue any extra claims, award or overaward, except
when consistent with those principles.
13. Contract of Employment
(i) Employees
shall be employed as weekly, casual or part-time employees.
(ii) Engagement
shall be by the week. Employment shall
be terminated by a week's notice on either side, or by the payment or
forfeiture of a week's wages, as the case may be. A general standing notice shall not be deemed itself to be a
compliance with the provisions of this clause.
Notwithstanding the foregoing provisions, employment in the first week
may be terminated by one day's notice on either side.
(iii) It shall
not be permissible for an employer to engaged an employee of another employer
on contract part-time or casual work.
(iv) An employer
may direct an employee to carry out such duties as are within the limits of the
employee's skill, competence and training consistent with the classification
structure of this award provided that such duties are not designed to promote
deskilling.
(v) An employer
may direct an employee to carry out such duties and use such tools and
equipment as may be required provided that the employee has been properly
training in the use of such tools and equipment.
(vi) Any direction
issued by an employer pursuant to subclauses (iv) and (v) shall be consistent
with the employer's responsibilities to provide a safe and healthy working
environment.
(vii) Notwithstanding
the provision of subclauses (iv) and (v) herein, employees shall perform a
wider range of duties including work which is incidental or peripheral to their
main tasks or functions.
(viii) Employees
shall take all reasonable steps to ensure the quality, accuracy and completion
of any job or task assigned to the employee.
(ix) Provided
that the appropriate consultation procedures between the employer and employees
have been implemented, employees shall not impose any restrictions or
limitations on the measurement and or review of work methods or standard work
times.
14. Structural Efficiency
(i) The parties
to this award are committed to co-operating positively to increase the
efficiency, productivity and international competitiveness of the optical
industry and to enhance the career opportunities and job security of employees
in the optical industry.
(ii) Enterprises
shall establish a consultative mechanism and procedures appropriate to their
size, structure and needs for consultation and negotiation on matters affecting
their efficiency and productivity.
15. Training
(i) The parties
to this award recognise that in order to increase the efficiency, productivity
and international competitiveness of the optical industry, a greater commitment
to training and skill development is required.
Accordingly, the parties commit themselves to:
(a) developing a
more highly skilled and flexible workforce.
(b) providing
employees with career opportunities through appropriate training to acquire
additional skills compatible with and portable within the optical industry.
(c) removing
barriers to the utilisation of such skills acquired.
(ii) Following
proper consultation in accordance with subclause (ii) of clause 14, Structural
Efficiency, or through the establishment of a Training Committee, an employer
should develop a training programme consistent with:
(a) the current
and future skill needs of the laboratory or store;
(b) the size,
structure and nature of the operations of the laboratory or store;
(c) the need to
develop vocational skills relevant to the laboratory or store and the optical
industry in general through courses conducted by accredited educational
institutions and providers.
(iii) Where it is
agreed a Training Committee be established that Training Committee should be
constituted by equal numbers of employer and employee representatives and have
a charter which clearly states its role and responsibilities, for example:
formulation of a training programme and availability of
training courses and career
opportunities to employees;
dissemination of information on the training programme
and availability of training courses and career opportunities to employees;
the recommending of individual employees for training
and reclassification;
monitoring and advising management and employees on the
on-going effectiveness of the training.
(iv)
(a) Where, as a
result of consultation in accordance with subclause (ii) or through a Training
Committee and with the employee concerned, it is agreed that additional
training in accordance with the programme developed pursuant to subclause (ii)
herein should be undertaken by an employee, that training may be undertaken
either on or off the job. Provided that
if the training is undertaken during ordinary working hours the employee concerned
shall not suffer any loss of pay. The
employer shall not unreasonably withhold such paid training leave.
(b) Any costs
associated with standard fees for prescribed courses and any prescribed
textbooks which are available in the employer's technical library incurred in
connection with the undertaking of training shall be reimbursed by the employer
upon production of evidence of such expenditure. Provided that reimbursement shall also be on an annual basis
subject to the presentation of reports of satisfactory progress.
(c) Travel costs
incurred by an employee undertaking training in accordance with this clause
which exceed those normally incurred in travelling to and from work shall be
reimbursed by the employer.
(v) Subclauses
(ii), (iii) and (iv) herein shall operate as interim provisions and shall be
reviewed after nine months' operation.
In the meantime, the parties shall monitor the effectiveness of those
interim provisions in encouraging the attainment of the objectives detailed in
subclause (i) herein.
(vi) Any disputes
arising in relation to subclauses (ii) and (iii) shall be resolved by
consultation initially. If no agreement
can be reached the matter will be referred to the Industrial Commission.
16. Enterprise Arrangements
Enterprise Arrangements - Parties
(1)
(a) As part of the
Structural Efficiency exercise and as an ongoing process for improvements in
productivity and efficiency, discussion should take place at an enterprise to
provide more flexible working arrangements, improvement in the quality of
working life, enhancement of skills, training and job satisfaction, and
positive assistance in the restructuring process and to encourage consultation
mechanisms across the workplace to all employees in an enterprise and
consideration of a single bargaining unit in all multi-union/union award
workplaces. Union delegates at the
place of work may be involved in such discussions.
(b) The terms of
any proposed genuine arrangement reached between an employer and employee(s) in
any enterprise shall, after due processing, substitute for the provisions of
this award to the extent that they are contrary, provided that:
(i) a majority of
employee affected genuinely agree;
(ii) such
arrangement is consistent with the current State Wage Case principles.
(c)
(i) Before any
arrangement requiring variation to the award is signed and processed in
accordance with subclause (2) of this clause details of such arrangements shall
be forwarded in writing to the union or unions with members in that enterprise
affected by the changes and the employer association, if any, of which the
employer is a member. A union or an
employer association may, within 14 days thereof, notify the employer in
writing of any objection to the proposed arrangements, including the reasons
for such objection.
(ii) When an
objection is raised, the parties are to confer in an effort to resolve the
issue.
Procedures to be followed:
(2) Such
enterprise arrangements shall be processed as follows:
(a) All employees
will be provided with the current prescription (e.g., award, industrial
agreement or enterprise arrangement) that apply at the place of work.
(b)
(i) Where an
arrangement is agreed between the employer and the employees or their
authorised representative at an enterprise, such arrangement shall be committed
to writing.
Where the arrangement is agreed between the employer
and an absolute majority of permanent employees under this award at an
enterprise, such arrangement shall be committed to writing.
(ii) The
authorised representative of employees at an enterprise may include a delegate,
organiser or official of the relevant union if requested to be involved by the
majority of employees at the establishment.
(c) The
arrangement shall be signed by the employer, or the employer’s duly authorised
representative, and the employees, or their authorised representative with whom
agreement was reached.
(d) Where an
arrangement is objected to in accordance with subparagraph (i) of paragraph (c)
of subclause (1) and the objection is not resolved, an employer may make
application to the Industrial Commission of New South Wales to vary the award
to give effect to the arrangement.
(e) The union
and/or employer association shall not unreasonably withhold consent to the
arrangements agreed upon by the parties.
(f) If no party
objects to the arrangement, then a consent application shall be made to the
Industrial Commission of New South Wales to have the arrangement approved and
the award varied in the manner specified in paragraph (g) of this clause.
Such applications are to be processed in accordance with the
appropriate State Wage Case principles.
(g) Where an
arrangement is approved by the Industrial Commission and the arrangement is
contrary to any provisions of the award, then the name of the enterprise to
which the arrangement applies, the date of operation of the arrangement, the
award provisions from which the said enterprise is exempt, and the alternative
provisions which are to apply in lieu of such award provisions (or reference to
such alternative provisions), shall be set out in a schedule to the award.
(h) Such
arrangement when approved shall be displayed on a notice board at each
enterprise affected.
(i) No existing
employee shall suffer a reduction in entitlement to earnings, award or
overaward, for working ordinary hours of work as the result of any award
changes made as part of the implementation of the arrangement.
17. Sundays
An employee required to work on Sunday shall be entitled to
a minimum of four hours’ work or four hours’ pay at the rate of double time.
18. Holidays
(i) An employee
shall be entitled to the following public holidays without loss of pay: New
Year’s Day, Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac
Day, Queen’s Birthday, Eight Hour Day, Christmas Day and Boxing Day, together
with all other days proclaimed as public holidays throughout the State.
(ii) In addition
to the public holidays prescribed in subclause (i) of this clause, one
additional public holiday shall apply to an employee on weekly hire, the said
public holiday to be arranged by agreement between the employees and the union.
(iii) An employee
shall be paid at the rate of double time and one-half for work done on public
holidays and such double time and one-half shall continue until he/she is
relieved from duty. In addition he/she
shall have one day’s paid holiday added to his/her annual leave for each public
holiday so worked.
(iv) An employee
whose services are dispensed with by an employer within fourteen days of an
award holiday and who is re-engaged by the same employer within fourteen days
after the holiday or holidays shall be paid an ordinary day’s pay for each
holiday occurring within such period at the prescribed rate for the class of
work performed prior to services being dispensed with.
(v) An employee
who without permission of his/her employer or without reasonable cause absents
himself or herself from duty on the working day immediately preceding or the
working day immediately succeeding any public holiday or series of public
holidays shall not be entitled to payment for such public holiday, or series of
public holidays; provided that if an employee absents himself or herself as
aforesaid on one only of the working days preceding or succeeding a series of
public holidays he/she shall lose holiday pay for the holiday closest to the
day of his/her absence.
19. Annual Leave
(i) See
provisions of the Annual Holidays Act, 1944.
(ii) Provided
that an employee before commencing annual leave shall be paid an additional
annual leave loading of 17½ per cent of the appropriate weekly rate of pay.
20. Long Service
Leave
See provisions of the Long Services Leave Act, 1955.
21. Sick Leave
(i) An employee
who is absent from his/her work by reason of personal illness (not being
illness or arising from the employee’s misconduct or default or from an injury
arising out of or in the course of employment) shall be entitled to leave of
absence without deduction in pay, subject to the following and conditions and
limitations:
(a) An employee
shall, as soon as reasonably practicable and within three hours of the
commencement of such absence, inform the employer of his/her inability to
attend for duty, and as far as practicable state the nature of the injury or
illness and the estimated duration of the absence.
If it is not reasonably practicable to inform the
employer within three hours of such absence the employee shall inform the
employer within 24 hours of such absence.
(b) An employee
shall prove to the satisfaction of his/her employer that he/she/she was unable
on account of such illness or injury to attend for duty on the day or days for
which sick leave is claimed. In the
case of an employee who claims to be allowed paid sick leave in accordance with
this clause for an absence of one day only, such employee if in the year
he/she/she has already been allowed paid sick leave on more than one occasion
for one day only shall not be entitled to payment for the day claimed unless
he/she produces to the employer a certificate of a duly qualified medical practitioner
that in his/her, the medical practitioner’s opinion, the employee was unable to
attend for duty on account of personal illness.
Provided that an employer may agree to accept from the
employee a Statutory Declaration, stating that the employee was unable to
attend for duty on account of personal illness in lieu of a medical
certificate.
(c) An employee
shall not be entitled during his/her first year of any period of service with
the employer to leave in excess of 8 days of ordinary working time or in cases
where the employee normally works more than eight ordinary hours in any day,
the employee shall not be entitled to leave in excess of sixty-four hours of
working time. Provided further that in
the first seven months of the first year of a period of service with an
employer the employee shall be entitled to sick leave which accrues on a
pro-rata basis of one day of ordinary working time for each month of service
completed with that employer to a maximum of 64 ordinary hours. On application by the employee during the
eighth month of employment and subject to the availability of an unclaimed
balance of sick leave the employee shall be paid for any sick leave taken which
payment was not made.
An employee shall not be entitled during the second and
subsequent years of any period of service with the employer to leave in excess
of 8 days of ordinary working time or in cases where the employee normally
works more than eight ordinary hours in any day, the employee shall not be
entitled to leave in excess of sixty-four hours of working time.
(d) An employee
shall not be entitled during the tenth and subsequent years of service with the
employer to leave in excess of 12 days or ordinary working time or in cases
where the employee normally works more than eight ordinary hours in any day,
the employee shall not be entitled to leave in excess of ninety-six hours of
working time.
(e) Sick leave
shall accumulate from year to year so that any balance of the period specified
in paragraphs (c) and (d) of the subclause which has in any year not been
allowed to an employee by the employer, as paid sick leave, may be claimed by
the employee, and subject to the conditions hereinbefore prescribed, shall be
allowed by that employer in a subsequent year without diminution of the sick
leave prescribed in respect of that year.
22. Personal/Carer's
Leave
(1) Use of Sick
Leave -
(a) An employee,
other than a casual employee, with responsibilities in relation to a class of
person set out in subparagraph (ii) of paragraph (c), who needs the employee's
care and support, shall be entitled to use, in accordance with this subclause,
any current or accrued sick leave entitlement, provided for in clause 21, Sick
Leave, for absences to provide care and support, for such persons when they are
ill. Such leave may be taken for part of a single day.
(b) The employee
shall, if required, establish either by production of a medical certificate or
statutory declaration, the illness of the person concerned and that the illness
is such as to require care by another person.
In normal circumstances, an employee must not take carer's leave under
this subclause where another person has taken leave to care for the same
person.
(c) The
entitlement to use sick leave in accordance with this subclause is subject to:
(i) the employee
being responsible for the care of the person concerned; and
(ii) the person
concerned being:
(a) a spouse of
the employee; or
(b) a de facto
spouse, who, in relation to a person, is a person of the opposite sex to the
first mentioned person who lives with the first mentioned person as the husband
or wife of that person on a bona fide domestic basis although not legally
married to that person; or
(c) a child or an
adult child (including an adopted child, a step child, a foster child or an ex
nuptial child), parent (including a foster parent and legal guardian),
grandparent, grandchild or sibling of the employee or spouse or de facto spouse
of the employee; or
(d) a same sex
partner who lives with the employee as the de facto partner of that employee on
a bona fide domestic basis; or
(e) a relative of
the employee who is a member of the same household, where for the purposes of
this subparagraph:
1. "relative"
means a person related by blood, marriage or affinity;
2. "affinity"
means a relationship that one spouse because of marriage has to blood relatives
of the other; and
3. "household"
means a family group living in the same domestic dwelling.
(d) An employee
shall, wherever practicable, give the employer notice prior to the absence of
the intention to take leave, the name of the person requiring care and that
person's relationship to the employee, the reasons for taking such leave and
the estimated length of absence. If it
is not practicable for the employee to give prior notice of absence, the
employee shall notify the employer by telephone of such absence at the first
opportunity on the day of absence.
(2) Unpaid Leave
for Family Purpose -
(a) An employee
may elect, with the consent of the employer, to take unpaid leave for the
purpose of providing care and support to a member of a class of person set out
in subparagraph (ii) of paragraph (c) of subclause (1) who is ill.
(3) Annual Leave
(a) An employee
may elect with the consent of the employer, subject to the Annual Holidays
Act 1944, to take annual leave not exceeding five days in single day
periods or part thereof, in any calendar year at a time or times agreed by the
parties.
(b) Access to
annual leave, as prescribed in paragraph (a) of this subclause, shall be
exclusive of any shutdown period provided for elsewhere under this award.
(c) An employee
and employer may agree to defer payment of the annual leave loading in respect
of single day absences, until at least five consecutive annual leave days are
taken.
(4) Time Off in
Lieu of Payment for Overtime -
(a) An employee
may elect, with the consent of the employer, to take time off in lieu of
payment for overtime at a time or times agreed with the employer within 12
months of the said election.
(b) Overtime taken
as time off during ordinary time hours shall be taken at the ordinary time
rate, that is an hour for each hour worked.
(c) If, having
elected to take time as leave in accordance with paragraph (a) of this
subclause, the leave is not taken for whatever reason payment for time accrued
at overtime rates shall be made at the expiry of the 12 month period or on
termination.
(d) Where no
election is made in accordance with the said paragraph (a), the employee shall
be paid overtime rates in accordance with the award.
(5) Make‑up
Time
(a) An employee
may elect, with the consent of the employer, to work "make‑up
time", under which the employee takes time off ordinary hours, and works
those hours at a later time, during the spread of ordinary hours provided in
the award, at the ordinary rate of pay.
(b) An employee on
shift work may elect, with the consent of the employer, to work "make‑up
time" (under which the employee takes time off ordinary hours and works
those hours at a later time), at the shift work rate which would have been
applicable to the hours taken off.
(6) Rostered
Days Off -
(a) An employee
may elect, with the consent of the employer, to take a rostered day off at any
time.
(b) An employee
may elect, with the consent of the employer, to take rostered days off in part
day amounts.
(c) An employee
may elect, with the consent of the employer, to accrue some or all rostered
days off for the purpose of creating a bank to be drawn upon at a time mutually
agreed between the employer and employee, or subject to reasonable notice by
the employee or the employer.
(d) This subclause
is subject to the employer informing each union which is both party to the
award and which has members employed at the particular enterprise of its
intention to introduce an enterprise system of RDO flexibility, and providing a
reasonable opportunity for the union(s) to participate in negotiations.
23. Parental Leave
See Industrial Relations Act 1996.
24. General Conditions
(i) Ventilation
- employers shall provide adequate ventilation in optical workshops in
conformity with the provisions of the Factories, Shops and Industries Act 1962.
(ii) Washing
Facilities - Proper washing facilities shall be provided for all
employees. Where practicable employers
shall provide for all employees engaged in lens surfacing hot and cold showers
which shall be separate from lavatories.
A period of up to five minutes shall be allowed to all employees before
the lunch period and before the evening finishing time for the purpose of
washing and changing.
(iii) Dining Room
- Proper facilities away from work benches and surfacing machinery shall be
provided, and boiling water shall be provided at meal times. Any workshop having more than fifteen
employees shall provide a dining room apart from the workshop.
(iv) Lockers -
Each employee shall be provided with an approved locker.
(v) Tea Breaks -
A maximum of twenty minutes shall be allowed for tea breaks. Such breaks to be agreed between the
employer and employees but shall not exceed twenty minutes in total time taken
during each day.
(vi) Notice Board
- The employer shall permit a notice board of reasonable dimensions to be
erected in a prominent position in his/her establishment upon which accredited
union representatives shall be
permitted to post union notices.
(vii) The employer
shall provide all tools necessary.
(viii) The employer
shall supply to each employee engaged in hand edging a pair of properly fitted
safety glasses.
(ix) First-aid
Allowance - An employee who has been trained to render first-aid, and who is
the current holder of appropriate first-aid qualifications such as a
certificate from the St. John Ambulance or a similar body, shall be paid a
weekly allowance of $6.40.
(x) Protective
Clothing - Dust coats shall be provided and laundered weekly to all
employees. Protective footwear shall be
provided to all employees required to work in an area where his/her/her feet
are subject to some hazards. An
employee who does not wear safety footwear provided as above cancels his/her
right to any further issue. In the
event of a dispute in regard to this subclause the matter shall be determined
by the Industrial Committee.
25. Bereavement Leave
(i) An
employee, other than a casual employee, shall be entitled to up to two days
bereavement leave, without deduction of
pay, on each occasion of the death of a person in Australia as prescribed in
subclause (iii) of this clause.
(ii) The
employee must notify the employer as soon as practicable of the intention to take
bereavement leave and will provide to the satisfaction of the employer proof of
death.
(iii) Bereavement
leave shall be available to the employee in respect to the death of a person
prescribed for the purposes of personal/carer’s leave as set out in subparagraph
(ii) of paragraph (c) of subclause (1) of Clause 22, Personal/Carers Leave,
provided that for the purpose of bereavement leave, the employee need not have
been responsible for the care of the person concerned.
(iv) An employee
shall not be entitled to bereavement leave under this clause during any period
in respect of which the employee has been granted other leave.
(v) Bereavement
leave may be taken in conjunction with other leave available under subclauses
(2), (3), (4), (5) and (6) of the said Clause 22. In determining such a request the employer will give
consideration to the circumstances of the employee and the reasonable
operational requirements of the business.
26. Jury Service
An employee on weekly hiring required to attend for jury
service during his/her ordinary working hours shall be reimbursed by the
employer an amount equal to the difference between the amount paid in respect
of his/her attendance for such jury service and the amount of wage he/she would
have received in respect of the ordinary time he/she would have worked had
he/she not been on jury service.
An employee shall notify his/her employer as soon as
possible of the date upon which he/she is required to attend for jury service.
Further, the employee shall give his/her employer proof of
his/her attendance, the duration of such attendance and the amount received in
respect of such jury service.
27. Shop Stewards
(i) An employee
appointed shop steward in the shop or department in which he/she is employed
shall, upon notification thereof to his/her employer, be recognised as the
accredited representative of his/her union and shall be allowed the necessary
time during working hours to interview the employer or his/her representative
on matters affecting employees whom he/she/she represents. An employee called before the foreman or
manager shall not have his/her or her request that the shop steward be present
during the interview refused.
28. Payment of Wages
(i) Wages shall
be paid weekly on a day not later than Thursday: provided that where at the
date of making this award it is the practice to pay employees on a day other
than Thursday an employer may continue to do so.
(ii) Employees
shall be paid by direct transfer into the employee’s bank (or other recognised
financial institution) account.
Financial institution duty associated with direct transfer of wages
shall be borne by the employer.
(iii) Provided
that employers shall provide each employee with a wage statement no later than
Thursday of each pay week.
29. Redundancy
(i) Application
-
(a) This clause
shall only apply to employers who employ 15 or more employees immediately prior
to the termination of employment of employees.
(b) Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply to
employees with less than one year’s continuous service and the general
obligation on employers shall be no more than to give such employees an
indication of the impending redundancy at the first reasonable opportunity, and
to take such steps as may be reasonable to facilitate the obtaining by the
employees of suitable alternative employment.
(c) Notwithstanding
anything contained elsewhere in this clause, this clause shall not apply where
employment is terminated as a consequence of conduct that justifies instant
dismissal, including malingering, inefficiency or neglect of duty, or in the
case of casual employees, apprentices or employees engaged for a specific
period of time or for a specified task or tasks or where employment is terminated
due to the ordinary and customary turnover of labour.
(ii) Introduction
of Change -
(a) Employer’s
duty to notify -
(1) Where an
employer has made a definite decision to introduce major changes in production,
program, organisation, structure or technology that are likely to have
significant effects on employees, the employer shall notify the employees who
may be affected by the proposed changes and the union to which they belong.
(2) ‘Significant
effects’ include termination of employment, major changes in the composition,
operation or size of the employer’s workforce or in the skills required, the
elimination or diminution of job opportunities, promotion opportunities,
promotion opportunities or job tenure, the alteration of hours of work, the need
for retraining or transfer of employees to other work or locations and the
restructuring of jobs.
Provided that where the award specified in paragraph
(ii)(a)(1) makes provision for alteration of any of the matters referred to
herein, an alteration shall be deemed not to have significant effect.
(b) Employer’s
duty to discuss change
(1) The employer
shall discuss with the employees affected and the union to which they belong,
inter alia, the introduction of the changes referred to in paragraph (a) above,
the effects the changes are likely to have on employees and measures to avert
or mitigate the adverse effects of such changes on employees, and shall give
prompt consideration to matters raised by the employees and/or the union in
relation to the changes.
(2) The discussion
shall commence as early as practicable after a definite decision has been made
by the employer to make the changes referred to in paragraph (a) of this
clause.
(3) For the
purpose of such discussion, the employer shall provide to the employees
concerned and the union to which they belong all relevant information about the
changes including the nature of the changes proposed, the expected effects of
the changes on employees and any other matters likely to affect employees
provided that any employer shall not be required to disclose confidential
information the disclosure of which would adversely affect the employer.
(iii) Redundancy
-
(a) Discussions
before terminations -
(1) Where an
employer has made a definite decision that the employer no longer wishes the
job the employee has been doing done by anyone pursuant to sub-paragraph (i) of
paragraph (a) of subclause (ii) of above and that decision may lead to the
termination of employment, the employer shall hold discussions with the
employees directly affected and with the union to which they belong.
(2) The
discussions shall take place as soon as is practicable after the employer has
made a definite decision which will invoke the provision of sub-paragraph (i)
of this subclause and shall cover, inter alia, any reasons for the proposed
terminations, measures to avoid or minimise the terminations and measures to
mitigate any adverse effects of any termination of the employees concerned.
(3) For the
purposes of the discussion the employer shall, as soon as practicable, provide
to the employees concerned and the union to which they belong, all relevant
information about the proposed terminations including the reasons for the
proposed terminations, the number and categories of employees likely to be
affected, and the number of workers normally employed and the period over which
the terminations are likely to be carried out.
Provided that any employer shall not be required to disclose confidential
information the disclosure of which would adversely affect the employer.
(iv) Termination
of Employment -
(a) Notice for
Changes in Production, Programme, Organisation or Structure - This subclause
sets out the notice provisions to be applied to terminations by the employer
for reasons arising from "production", "programme",
"organisation" or "structure" in accordance with subclause
(ii)(a) above award.
(1) In order to
terminate the employment of an employee the employer shall give to the employee
the following notice:
Period of continuous service
|
Period of notice
|
|
|
Less than 1 year
|
1 week
|
1 year and less than 3 years
|
2 weeks
|
3 years and less than 5 years
|
3 weeks
|
5 years and over
|
4 weeks
|
(2) In addition to
the notice above, employees over 45 years of age at the time of the giving of
the notice with not less than two years continuous service, shall be entitled
to an additional week’s notice.
(3) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(b) Notice for
Technological Change - This subclause sets out the notice provisions to be
applied to terminations by the employer for reasons arising from
"technology" in accordance with subclause (ii)(a)(1) above:
(1) In order to
terminate the employment of an employee the employer shall give to the employee
3 months notice of termination.
(2) Payment in
lieu of the notice above shall be made if the appropriate notice period is not
given. Provided that employment may be
terminated by part of the period of notice specified and part payment in lieu
thereof.
(3) The period of
notice required by this subclause to be given shall be deemed to be service
with the employer for the purposes of the Long Service Leave Act, 1955,
the Annual Holidays Act, 1944, or any Act amending or replacing either
of these Acts.
(c) Time off
during the notice period -
(1) During the
period of notice of termination given by the employer, an employee shall be allowed
up to one day’s time off without loss of pay during each week of notice, to a
maximum of five weeks, for the purposes of seeking other employment.
(2) If the
employee has been allowed paid leave for more than one day during the notice
period for the purpose of seeking other employment, the employee shall, at the
request of the employer, be required to produce proof of attendance at an
interview or the employee shall not receive payment for the time absent.
(d) Employee
leaving during the notice period - If the employment of an employee is
terminated (other than for misconduct) before the notice period expires, the
employee shall be entitled to the same benefits and payments under this clause
had the employee remained with the employer until the expiry of such
notice. Provided that in such
circumstances the employee shall not be entitled to payment in lieu of notice.
(e) Statement of
employment - The employer shall, upon receipt of a request from an employee
whose employment has been terminated, provide to the employee a written
statement specifying the period of the employee’s employment and the
classification of or the type of work performed by the employee.
(f) Notice to
Centrelink - Where a decision has been made to terminate employees, the employer
shall notify Centrelink thereof as soon as possible giving relevant information
including the number and categories of the employees likely to be affected and
the period over which the terminations are intended to be carried out.
(g) Centrelink
Separation Certificate - The employer shall, upon receipt of a request from an
employee whose employment has been terminated, provide to the employee an
"Employment Separation Certificate" in the form provided by
Centrelink.
(h) Transfer to
lower paid duties - Where an employee is transferred to lower paid duties for
reasons set out in paragraph (a) of subclause (ii) above, the employee shall be
entitled to the same period of notice of transfer as the employee would have
been entitled to if the employee’s employment had been terminated, and the
employer may at the employer’s option make payment in lieu thereof of an amount
equal to the difference between the former ordinary time rate of pay and the
new ordinary time rates for the number of weeks of notice still owing.
(v) Severance
Pay -
(a) Where an
employee is to be terminated pursuant to subclause (iv) above, subject to
further order of the Industrial Relations Commission, the employer shall pay
the following severance pay in respect of a continuous period of service:
(1) If an employee
is under 45 years of age, the employer shall pay in accordance with the
following scale:
Years of Service
|
Under 45 Years of Age Entitlement
|
|
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
4 weeks
|
2 years and less than 3 years
|
7 weeks
|
3 years and less than 4 years
|
10 weeks
|
4 years and less than 5 years
|
12 weeks
|
5 years and less than 6 years
|
14 weeks
|
6 years and over
|
16 weeks
|
(2) Where an
employee is 45 years old or over, the entitlement shall be in accordance with
the following scale:
Years of Service
|
45 Years of Age and Over Entitlement
|
|
|
Less than 1 year
|
Nil
|
1 year and less than 2 years
|
5 weeks
|
2 years and less than 3 years
|
8.75 weeks
|
3 years and less than 4 years
|
12.5 weeks
|
4 years and less than 5 years
|
15 weeks
|
5 years and less than 6 years
|
17.5 weeks
|
6 years and over
|
20 weeks
|
(3) ‘Weeks pay’
means the all purpose rate of pay for the employee concerned at the date of
termination, and shall include, in addition to the ordinary rate of pay, over
award payments, shift penalties and allowances provided for in the relevant
award.
(b) Incapacity to
pay - Subject to an application by the employer and further order of the
Industrial Relations Commission, an employer may pay a lesser amount (or no
amount) of severance pay than that contained in paragraph (a) above.
The Industrial Relations Commission shall have regard
to such financial and other resources of the employer concerned as the
Industrial Relations Commission thinks relevant, and the probable effect paying
the amount of severance pay in subclause (i) above will have on the employer.
(c) Alternative
Employment - Subject to an application by the employer and further order of the
Industrial Relations Commission, an employer may pay a lesser amount (or no amount)
of severance pay than that contained in paragraph (a) above if the employer
obtains acceptable alternative employment for an employee.
(vi) Savings -
Nothing in this clause shall be construed so as to require the reduction or
alteration of more advantageous benefits or conditions which an employee maybe
entitled to under any existing redundancy arrangement, taken as a whole,
between the union and any employer bound by this award,
30. Grievance and Dispute
Resolution Procedures
(i) Procedures
relating to grievances of individual employees
(a) The employee
is required to notify the employer (in writing or otherwise) as to the
substance of the grievance, request a meeting with the employer for bilateral
discussions and state the remedy sought.
(b) A grievance
must initially be dealt with as close to its source as possible, with graduated
steps for further discussion and resolution at higher levels of authority.
(c) Reasonable
time limits must be allowed for discussion at each level of authority.
(d) At the
conclusion of the discussion the employer must provide a response to the
employee's grievance, if the matter has not been resolved, including reasons
for not implementing any proposed remedy.
(e) While a
procedure is being followed, normal work must continue.
(f) The employee
may be represented by an industrial organisation of employees.
(ii) Procedures
relating to disputes, etc., between employers and their employees
(a) A question,
dispute or difficulty must initially be dealt with as close to its source as
possible, with graduated steps for further discussion and resolution at higher
levels of authority.
(b) Reasonable
time limits must be allowed for discussion at each level of authority.
(c) While a
procedure is being followed, normal work must continue.
(d) The employer
may be represented by an industrial organisation of employers and the employees
may be represented by an industrial organisation of employees for the purposes
of each procedure.
31. Right of Entry
See Section 298 of the Industrial Relations Act 1996.
32. Area, Incidence and
Duration
This award rescinds and replaces the Mechanical Opticians
(State) Award published 4 May 1983 (229 I.G. 623) as varied, the Mechanical
Opticians Redundancy (State) Award published 17 February 1995 (283 I.G. 1082)
and the Mechanical Opticians Family Leave Provisions (State) Award published 8
March 1996 (291 I.G. 47) and all variations thereof.
It shall apply to persons employed in the manufacture or
repair of spectacles, contact lenses and optical instruments and employees of
mechanical opticians in the State excluding the County of Yancowinna: excepting
optometrical assistants engaged in replacing parts of spectacle frames and
mounts.
Excepting also employees of:
The Council of the City of Sydney;
The Sydney County Council.
It shall take effect from the beginning of the first full
pay period to commence on or after 24 October 2000 and shall remain in force
thereafter for a period of three years.
J. McLEAY,
Commissioner.
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Printed by the authority of the Industrial Registrar.