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New South Wales Industrial Relations Commission
(Industrial Gazette)





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MECHANICAL OPTICIANS (STATE) AWARD
  
Date03/02/2001
Volume322
Part4
Page No.
DescriptionRIRC - Award Review by Industrial Relations Commission
Publication No.B9860
CategoryAward
Award Code 469  
Date Posted06/18/2002

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BEFORE THE INDUSTRIAL RELATIONS COMMISSION

(469)

SERIAL B9860

 

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

24 October 2000

 

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

34.0%

At 17 years of age

43.5%

At 18 years of age

55.0%

At 19 years of age

68.0%

At 20 years of age

81.0%

 

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:

 

 

Per week
$

 

 

1st Year

193.80

2nd Year

282.80

3rd Year

374.00

4th Year

422.00

 

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 17 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.

 

 

____________________

 

 

 

 

Printed by the authority of the Industrial Registrar.

 

 

 

 

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