2007 WAIRC 00233
OPTICAL MECHANICS' AWARD, 1971
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH
APPLICANT
-V-
LAUBMAN & PANK OPTOMETRISTS (WA) PTY LTD AND OTHERS
RESPONDENTS
CORAM COMMISSIONER S WOOD
DATE MONDAY, 12 MARCH 2007
FILE NO APPL 14 OF 2007
CITATION NO. 2007 WAIRC 00233

Result Award varied
Representation


APPLICANT MS E PALMER ON BEHALF OF THE APPLICANT

RESPONDENTS NO APPEARANCE


Order
HAVING heard Ms E Palmer on behalf of the applicant and there being no appearance on behalf of the respondent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act, 1979, hereby orders:

THAT the Optical Mechanics’ Award, 1971 as varied, be further varied in accordance with the following Schedule and that such variation shall have effect from the beginning of the first pay period commencing on or after the date of this order.



COMMISSIONER S WOOD


SCHEDULE

1. Clause 12 – Meal Money: Delete subclause (1) of this clause and insert the following in lieu thereof:

12. - MEAL MONEY

(1) Subject to the provisions of subclause (2) of this clause an employee, required to work overtime for more than two hours, shall be supplied with a meal by the employer or be paid $8.25 for a meal and, if owing to the amount of overtime worked, a second or subsequent meal is required the employee shall be supplied with such meal by the employer or paid $5.65 for each meal so required.


2. Clause 24 – Wages: Delete subclause (4) of this clause and insert of the following in lieu thereof:

(4) Leading Hands: In addition to the appropriate rate prescribed in subclause (1) of this clause a leading hand shall be paid:



Per Week
$

(a)
If placed in charge of not less than 3 and not more than 10 other employees
24.55



(b)
If placed in charge of more than 10 and not more than 20 other employees
37.00



(c)
If placed in charge of more than 20 other employees
48.70


And further, with the consent of the parties, the Commission records the following basis for variations:

1. The agreed Key Minimum Classification in this Award is Optical Mechanic.

2. For Work Related Allowances – the percentage increase in:

· Clause 24. - Wages

is derived from $17 divided by $539.60 equals 3.15% (2005) and $20 divided by $556.60 equals 3.59% (2006) as prescribed by Principle 5. Adjustment of Allowances and Service Increments of the State Wage Case:

“allowances which relate to work or conditions which have not changed and service increments may be adjusted as a result of the arbitrated safety net increase . . . the method of adjustment shall be that such allowances and service increments should be increased by a percentage derived as follows: divide the monetary safety net increase by the rate for the key classification in the relevant award immediately prior to the application of the safety net increase to the award rate and multiply by 100.”

3. For Expense Related Allowances:

· Clause 12. – Meal Money has been varied using the CPI Meals Out and Take Away Food - Perth for the period December 2004 to June 2006 giving the percentage of 6.19%.

June 2006 171.5 X 100 = 6.19%
December 2004 161.5 1

CPI Meals Out and Take Away Food – Perth

Catalogue: 6455.0.40.001

For all allowances previous rates are identified in Column A of the attached spreadsheet. Column B identifies the new actual rate having applied the increase. Column C the new rate identified in Column B rounded where appropriate.


EXPENSE RELATED ALLOWANCES


KEY MINIMUM CLASSIFICATION – OPTICAL MECHANIC

Clause
A
B
C

Clause 24. – Wages (a)
(b)
(c)

$23.00
$34.60
$45.55

$24.55
$36.98
$48.69


$37.00
$48.70


Clause
A
B
C

Clause 12. – Meal Money

$7.75
$5.30

$8.23
$5.63

$8.25
$5.65


CPI Meals Out and Take Away Food – Perth