WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION PARTIES AUSTRALIAN LIQUOR, HOSPITALITY AND MISCELLANEOUS WORKERS UNION, WESTERN AUSTRALIAN BRANCH APPLICANT -v- LAUBMAN & PANK OPTOMETRISTS (WA) PTY LTD AND OTHERS RESPONDENTS CORAM CHIEF COMMISSIONER A R BEECH DATE FRIDAY, 11 MARCH 2005 FILE NO/S APPL 701 OF 2003 CITATION NO. 2005 WAIRC 00624 1202 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 85 W.A.I.G. Result Award Varied Representation Applicant Ms C. Kazakoff Respondent Ms M. Kuhne, as agent, Chamber of Commerce and Industry of Western Australia Order HAVING heard Ms C. Kazakoff on behalf of the applicant and Ms M. Kuhne on behalf of the respondents, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979, hereby orders – THAT the Optical Mechanics’ Award, 1971 be varied in accordance with the following schedule and that such variations shall have effect from the first pay period commencing on or after the 11th day of March 2005. (Sgd.) A R BEECH, [L.S.] Chief Commissioner. 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 $7.75 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 $5.30 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 23.00 (b) If placed in charge of more than 10 and not more than 20 other employees 34.60 (c) If placed in charge of more than 20 other employees 45.55 And further, with the consent of the parties, the Commission records the following basis for variations: 4. The agreed Key Minimum Classification in this Award is Optical Mechanic. 2. For Work Related Allowances – the percentage increase in: • Clause 24. - Wages is 3.37% derived from $17 divided by $503.60 (2003) and 3.65% derived from $19 divided by $520.60 (2004) 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. – Overtime. There was an error in the Union’s schedule in matter 980/2002 which incorrectly had the amounts of $7.20 and $4.90 resulting in the Order being incorrect. The amounts should have been $7.25 and $4.95 – these were correct on the variation summary. Therefore to correct the error the figures March 2001 to December 2004 for the CPI Take Away Food giving a percentage of 12.78% have been used. December 2004 161.5 X 100 = 12.78% September 2002 143.2 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 $21.50 $32.30 $42.50 $23.01 $34.62 $45.55 $23.00 $34.60 85 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 1203 Clause A B C Clause 12. – Meal Money $7.20 $4.90 $7.78 $5.30 $7.75 CPI Meals Out and Take Away Food – Perth 2005 WAIRC 00625 PAINT AND VARNISH MAKERS' AWARD NO. 22 OF 1957