HAIRDRESSERS',
&c. (STATE) AWARD
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Review of Award pursuant to Section 19 of the Industrial Relations Act 1996.
(No. IRC 5592 of 2003)
|
Before Commissioner
Ritchie
|
13 April 2004
|
REVIEWED AWARD
Arrangement
PART A
Clause No. Subject Matter
1. Definitions
2. Apprenticeship Trades
3. Prohibition of Work
4. Hours
5. Alternative Method of Implementing
38-hour Week
6. Overtime
7. Meals
8. Rest Pause
9. Wages and Classifications
10. State Wage Case Adjustments
11. Part-time Employees
12. Post-work Training
13. Tools and Equipment
14. Special Allowance - Health Department of
New South Wales
15. Uniforms and Footwear
16. First-Aid Allowance
17. First-Aid Kit
18. Transport Allowance
19. Transfer of Employees
20. Living Away From Home Allowance
21. Holidays
22. Annual Leave
23. Annual Leave Loading
24. Sick Leave
25. Personal/Carer's Leave
26. Bereavement Leave
27. Payment of Wages
28. Training
29. Utilisation of Skills
30. Consultative Mechanism
31. Enterprise Arrangements
32. Dispute Procedure
33. Long Service Leave
34. Right of Entry
35. Termination of Employment
36. Superannuation
37. Redundancy
38. Anti-Discrimination
39. Deduction of Union Membership Fees
40. Area, Incidence and Duration
PART B
MONETARY
RATES
Table 1
- Wages
Table 2
- Other Rates and Allowances
1. Definitions
(i) Weekly employees shall mean all
employees engaged to work 36 ordinary hours or more per week.
(ii) Part-time employee means an employee
engaged to work for less than 36 ordinary hours of each week.
(iii) Beautician shall mean a person engaged in
the work of facial treatment, scalp treatment, massage in connection with the
foregoing, eyebrow arching and eyebrow tinting.
(iv) Manicurist shall mean a person solely
engaged in manicuring.
(v) Salon Assistant shall mean a person
engaged as a general hand that shall be prohibited from doing trade work other
than shampooing and basin work as defined in clause 3, Prohibition of Work.
(vi) Electrologist shall mean a person engaged
in the work of electrolysis.
(vii) A wigmaker is an employee doing work on or
in connection with the making of wigs, toupees or other hairpieces and/ or boardwork
generally.
(viii) An adult employee is a hairdresser doing
men's or women's hairdressing.
2. Apprenticeship Trades
Apprentices
may be indentured to one of the following apprenticeship trades:
(i) Hairdressing
(ii) Beauty Therapy
3. Prohibition of Work
No person
shall perform the work of shaving, cutting, trimming, dyeing, tinting, waving
by any method, shampooing and/or scalp treatment unless he or she is the holder
of a licence issued pursuant to the provisions of the Shops and Industries
Act 1962, or on commencement, the Hairdressers Act 2003, or replaced
by any subsequent Act; provided that a Salon Assistant as defined in subclause
(v) of clause 1, Definitions, shall be permitted to perform the work of
shampooing and basin work, i.e., removal of hair colourings, neutralising
permanent waves, removing bleaches or lighteners, rinsing treatments and
applying temporary colour.
4. Hours
(i) Ordinary hours shall not exceed 38 over
five and one-half days.
Employees
required to work ordinary hours on Sundays and public holidays will be required
to work no more than five days in that week.
The span of hours for ordinary hours will be as follows:
Monday
to Friday - 8.00 a.m. to 9.00 p.m.
Saturday,
Sunday and public holidays - 8.00 a.m. to 6.00 p.m.
(ii) An employee shall not be required to
work beyond 6.00 p.m. on more than two nights in any week. Ordinary hours may, however, be extended to
7.00 p.m. without penalty rates or a meal allowance if there is written agreement
between the employer and employee. This
agreement must clearly state both parties consent and the penalties and
allowances forfeited by the employee.
Apprentices and junior employees will not be permitted to extend
ordinary hours as provided in this clause.
(iii) Payment for ordinary hours at the
following times will be as follows:
Monday
to Friday - Ordinary hours worked past 6.00 p.m. = Hourly rate + 25 per cent.
Saturday - Ordinary hours worked all day = Hourly
rate + 25 per cent.
Sunday
- Ordinary hours worked all day = Hourly rate + 50 per cent.
Public
Holiday - Ordinary hours worked all day = Hourly rate + 100 per cent.
(iv) All employees shall be entitled to at
least 12 hours rest break between the cessation of one day's work and the
commencement of the next day's work.
(v) The maximum number of hours of work on
any day, without the payment of overtime, shall not exceed eight in any one
day. Provided that, by agreement
between employer and employee, ordinary hours may be worked for up to ten hours
per day.
(vi) The maximum number of hours that may be
worked in any week, without the payment of overtime, will be 38.
(vii) No broken shifts will be allowed.
5. Alternative Method of Implementing 38-Hour
Week
(i) Where agreement is reached between the
employer and employees, the 38-hour week shall operate in the following manner:
(a) Employees shall work an additional two
hours each week, which shall accumulate and entitle those employees to an
accumulated day off on a Monday in each four-week cycle.
(b) Where a public holiday referred to in
clause 21, Holidays, falls on a Monday, the accumulated day off shall be taken
on any normal working day during that week.
6. Overtime
(i) All time worked after 38 ordinary hours
in any one week or outside the span of hours as prescribed in subclauses (i)
and (ii) of clause 4, Hours, or in excess of the maximum daily hours as
prescribed in subclause (v) of the said clause 4 shall be overtime and shall be
paid at time and one-half for the first two hours and double time thereafter.
(ii) All overtime worked on Saturdays shall
be paid at time and one-half and all overtime worked on Sundays shall be paid
at double time. All overtime on public
holidays shall be paid at double time and one-half. By agreement between an employer and an employee, time off may be
granted to an employee in lieu of payment for overtime with the overtime rate
being paid as at the rate for time off.
(iii) Reasonable
Overtime
(a) Subject to
paragraph (b) below, an employer may require an employee to work reasonable
overtime at overtime rates or as otherwise provided for in this award.
(b) An employee
may refuse to work overtime in circumstances where the working of such overtime
would result in the employee working hours, which are reasonable.
(c) For the
purposes of paragraph (b) what is unreasonable or otherwise will be determined
having regard to:
(1) any risk to
employee health and safety;
(2) the employee's
personal circumstances including any family and carer responsibilities;
(3) the needs of
the workplace or enterprise;
(4) the notice (if
any) given by the employer of the overtime and by the employee of his or her
intention to refuse it; and
(5) any other
relevant matter.
7. Meals
(i)
(a) An employee shall be allowed one hour
for a midday meal between 11.45 am and 2.45 pm, Monday to Sunday, inclusive, or
at other times by mutual agreement between employer and employee.
(b) In any hairdressing salon where the ordinary
hours of work observed are between 8.00 am and 6.00 pm, Monday to Sunday, both
days inclusive, and in connection with which a clean room and sufficient
crockery, cutlery and hot water are provided for the employees, the period
allowed for the midday meal may be 45 minutes.
(c) In any hairdressing salon where the
ordinary starting time is not before 9.15 am, the period allowed for the midday
meal also may be 45 minutes.
(ii)
(a) Except as prescribed by subclause (iii)
of this clause, each employee shall have a fixed meal break which may be
altered only after seven days' notice to the employee; provided that an
employer may, on any day, postpone the taking of a meal by a period not
exceeding 30 minutes.
(b) Except as otherwise provided for, each apprentice
or probationer shall have a fixed meal break which may be altered only after
three days' notice to the apprentice or probationer; provided that an employer
may, on any day, postpone the taking of a meal by an apprentice or probationer
for a period not exceeding 15 minutes; provided further that an apprentice or
probationer's meal break may be altered without notice in an emergency.
(iii) Notwithstanding the provisions of this
clause, in an emergency situation an employee in a hairdressing salon may be
granted a meal break of 20 minutes, which shall be counted as time worked,
between the hours of 11.45 am and 2.45 pm, Monday to Sunday, inclusive, in lieu
of being granted a meal break as prescribed by subclause (ii) of this clause,
or between other times by mutual agreement between the employer and the
employee.
(iv) There shall be no meal break on any day
where an employee works less than five hours.
(v) Subject to any arrangements in
accordance with subclause (ii) of clause 4, Hours, any employee required to
work after 6.00 pm, Monday to Friday, shall be paid a meal allowance as set out
in Item 1 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates,
and shall be allowed a meal break of 20 minutes between 4.30 pm and 6.30 pm
which shall be counted as time worked.
8. Rest Pause
When it
conveniently can be arranged by the employer, each employee shall be allowed a
rest pause of ten minutes either in the morning or in the afternoon, Monday to
Sunday, inclusive, at a time to be indicated by the employer. This time shall be counted as ordinary time
worked.
9. Wages and Classifications
The
minimum weekly wage payable to weekly employees shall be as set out in Table 1
- Wages, of Part B, Monetary Rates.
(i) Provided that a Manicurist at 18 years
of age or under be paid the wage prescribed for Level 5 in the said Table 1.
(ii) Provided that a Manicurist over 18 years
of age but less than 21 years of age, entering the industry without experience
shall, for the first six months of his or her employment, be paid the wage
prescribed for Level 5 in the said Table 1.
(iii) Provided that a Receptionist/ Salon
Assistant under 21 years of age shall be paid the following percentages of the
wage prescribed for Level 2 in Table 1:
|
Age
|
Percentage per Week
|
|
Under 16 years of age
|
40%
|
|
At 16 years of age
|
50%
|
|
At 17 years of age
|
60%
|
|
At 18 years of age
|
70%
|
|
At 19 years of age
|
80%
|
|
At 20 years of age
|
90%
|
(iv) In addition to the appropriate minimum
wage prescribed by this clause, an employee in charge of a hairdressing
establishment, not being an employee temporarily in charge during the absence
of a person ordinarily in charge, but including an employee employed as a
relieving employee in charge, shall be paid an additional amount as set out in
Item 2 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates. Any dispute in the application of this
subclause shall be referred to the conciliation committee for determination.
(v) Apprentices
(a) The minimum wages payable to apprentices
and probationers doing hairdressing shall be the following percentages of the
wage prescribed for an adult hairdresser as appears in Level 1 of Table 1:
|
|
Percentage per Week
|
|
For the
1st year
|
40%
|
|
For the
2nd year
|
55%
|
|
For the
3rd year
|
70%
|
|
For the
4th year
|
85%
|
(b) The minimum wages payable to apprentices
or probationers who have passed the necessary examinations and completed one year's
pre-apprenticeship course in hairdressing provided by the Department of
Technical and Further Education shall be the following percentages of the wage
prescribed for an adult hairdresser as appears in Level 1 of Table 1:
|
|
Percentage per Week
|
|
For the
2nd year (for the first 6 months only)
|
55%
|
|
For the
3rd year
|
70%
|
|
For the
4th year
|
85%
|
(c) The minium wages payable to apprentices
or probationers doing beauty therapy shall be the following percentages of the wage
prescribed for a beautician as appears in Level 3 of the said Table 1:
|
|
Percentage per Week
|
|
For the
1st year
|
40%
|
|
For the
2nd year
|
55%
|
|
For the
3rd year
|
70%
|
|
For the
4th year
|
85%
|
10. State Wages Case Adjustments
The rates
of pay in this award include the adjustments payable under the State Wage Case
2003. These adjustments may be offset
against:
(a) any equivalent over-award payments,
(b) award wage increases since 29 May 1991
other than safety net, State Wage Case, and minimum rates adjustments.
11. Part-time Employees
Employees
engaged as part-time employees shall be paid one thirty-eighth of the
appropriate weekly rate for the work they perform, plus ten per cent, with a
minimum engagement of three hours work.
Where the rates outside the normal hourly rates apply, these shall be
paid to part-time employees.
No
employee who remains with his/her existing employer after the introduction of
this clause will lose money as a consequence of its introduction.
12. Post-Work Training
An
employee may accept or decline the offer of his/her employer to remain to
attend after-hours training. Where an
employee is required to attend a training course, he/she will be paid the
appropriate overtime rates or be paid at ordinary rates if the training is part
of ordinary hours.
13. Tools and Equipment
(i) The employer
shall provide all electrical equipment used by an employee.
(ii) The employer
shall provide all other necessary tools.
If, by agreement between the employer and the employee, the employer
does not provide all such tools, he/she shall pay a tool allowance as set out
in Item 3 of Table 2 - Other Rates and Allowances, of Part B, Monetary Rates.
(iii) Employees
shall be responsible for the proper care and protection of provided tools
whilst in their possession. An employee
shall replace or pay for any tools if lost or damaged through his or her
negligence.
14. Special Allowance - Health Department of New
South Wales
Employees
of the Health Department of New South Wales whilst working in mental
institutions shall be paid an amount per hour as set out in Item 4 of Table 2 -
Other Rates and Allowances, of Part B,
Monetary Rates, in addition to all
other rates payable under this award.
Such additional payment shall not be taken into account in the
calculation of overtime or other penalty rates; provided that payment under
this clause shall not be made in respect of work done in such areas as may be
agreed upon between The Australian Workers Union, New South Wales, and the New
South Wales Public Employment Office.
15. Uniforms and Footwear
Where an
employer specifies a definite style of uniform to be worn, the uniform shall be
supplied and paid for by the employer and shall remain the property of the employer.
Uniforms
shall be laundered by the employer, provided that where the employee is
required to launder the uniform, such employee shall be paid an allowance as
set out in Item 5 of Table 2 - Other Rates and Allowances, of Part B, Monetary
Rates, in addition to the ordinary wage.
There
shall be no compulsion on employees to perform their duties wearing shoes with
heels exceeding three centimetres in height.
16. First-Aid Allowance
An employee
qualified to St John Ambulance standard or the equivalent and appointed by the
employer to act as the first-aid
attendant shall be paid an allowance as set out in Item 6 of Table 2 - Other
Rates and Allowances, of Part B, Monetary Rates.
17. First-Aid Kit
The
employer shall provide and continuously maintain, at a place reasonably
accessible to all employees, a first-aid kit as prescribed in the Occupational
Health and Safety Regulation 2001.
18. Transport Allowance
Where an
employer occasionally requires an employee to use his/her own motor vehicle in
the performance of his/her duties, such employee shall be paid an allowance of
not less than the amount set out in Item 7 of Table 2 - Other Rates and
Allowances, of Part B, Monetary Rates.
19. Transfer of Employees
Where an
employer requires an employee to transfer permanently from one township to
another, the employer shall be responsible for and shall pay the whole of the
moving expenses, including fares and transport charges for the employee and
his/her family.
20. Living Away from Home Allowance
An
employee, required by the employer to work temporarily for the employer away
from his/her usual place of employment, and who is required thereby to sleep
away from his/her usual place of residence shall be entitled to the following:
(a) fares to and from the place at which the
employer requires the employee to work;
(b) all reasonable expenses incurred for
board and lodging;
(c) payment at ordinary rates of pay for all
time spent in travelling between the employee's usual place of employment and
the temporary location, such paid time not to exceed eight hours in 24 hours.
21. Holidays
(i)
(a) The following days or the days observed as
such shall be holidays without reduction of wages, viz: New Year's Day,
Australia Day, Good Friday, Easter Saturday, Easter Monday, Anzac Day, Queen's
Birthday, Labour Day, Christmas Day and Boxing Day and all gazetted public
holidays observed throughout the State; provided that any gazetted public
holidays observed in a part of the State in lieu of any of the days mentioned
in this subclause shall be holidays for that part of the State.
(b) In addition to the holidays specified in
paragraph (a) of this subclause, an employee shall be entitled to one additional day as a paid holiday. This additional holiday shall be held on the
first Tuesday of November each year, i.e. Melbourne Cup Day.
(ii) Any employee absent without leave on the
day before or the day after an award holiday shall be liable to forfeit wages
for the day of absence as well as for the holiday, except where the employee's
absence was caused through illness, in which case wages shall not be forfeited
for the holiday.
(iii) A part-time employee shall not be
entitled to the benefits of this clause unless such employee has regularly
worked on the day on which the award holiday falls, and has been in the employment of the same employer for at
least three weeks prior to such award
holiday.
22. Annual Leave
See Annual
Holidays Act 1944.
23. Annual Leave Loading
(i) In this clause the Annual Holidays
Act 1944 is referred to as "the Act".
(ii) Before an employee is given and takes
his or her annual holiday or where, by agreement between the employer and
employee, the annual holiday is given and taken in more than one separate
period, then before each of such separate periods the employer shall pay the
employee a loading determined in accordance with this clause.
(Note: The obligation to pay in advance does not
apply where an employee takes an annual holiday wholly or partly in advance -
see subclause (vi).)
(iii) The loading is payable in addition to the
pay for the period of holiday given and taken and due to the employee under the
Act.
(iv) The loading is to be calculated in
relation to any period of annual holiday to which the employee becomes or has
become entitled under the Act (but excluding days added to compensate for
public or special holidays worked or public or special holidays falling on an
employee's rostered day off not worked).
(v) The loading is the amount payable for
the period or the separate period, as the case may be, stated in subclause (iv)
at the rate per week of 17.5 per cent of the appropriate ordinary weekly time
rate of pay prescribed by clause 9, Wages and Classifications, and the
appropriate rate of pay prescribed by clause 11, Part-time Employees, for the
classification in which the employee was employed immediately before commencing
his or her annual holiday.
(vi) No loading is payable to an employee who
takes an annual holiday wholly or partly in advance; provided that, if the
employment of such an employee continues until the day when he or she would have
become entitled under the Act to an annual holiday, the loading then becomes
payable in respect of the period of such holiday and is to be calculated in
accordance with subclause (v) of this clause, applying the award rates of wages
payable on that day.
(vii) Where, in accordance with the Act, the employer's establishment or part of it is temporarily closed down for the purpose of giving an annual holiday or
leave without pay to the employees concerned:
(a) An employee who is entitled under the Act
to an annual holiday and who is given and takes such a holiday shall be paid
the loading calculated in accordance with subclause (v) of this clause.
(b) An employee who is not entitled under
the Act to an annual holiday and who is given and takes leave without pay shall
be paid in addition to the amount payable to him or her under the Act, such
proportion of the loading that would have been payable to him or her under this
clause if he or she had become entitled to an annual holiday prior to the close-down
as his or her qualifying period of employment in completed weeks bears to 52.
(viii)
(a) When the employment of an employee is
terminated by his or her employer for a cause other than misconduct and at the
time of the termination the employee has not been given and has not taken the
whole of an annual holiday to which he or she became entitled, he or she
shall be paid a loading calculated in
accordance with subclause (v) for the
period not taken.
(b) Except as provided by paragraph (a) of
this subclause, no loading is payable on the termination of an employee's
employment.
24. Sick Leave
(i) A weekly employee who after three
months' service with the employer is absent from work on account of illness or
injury shall notify the employer of his/her absence within one hour of his/her
normal commencing time where practicable.
(ii) Proof of such illness or injury shall be
given to the employer by medical certificate or other satisfactory evidence. In
any event, the employee must produce a doctor's certificate for absences in
excess of two days.
(iii) The employee shall, on account of such
illness or injury, be entitled, without deduction of pay, to absent
himself/herself from work for an aggregate of 60.8 hours of ordinary working
time during the first year of employment on the following bases:
|
After 3
months completed service
|
-
|
22.8
hours
|
|
After 4
months completed service
|
-
|
30.4
hours
|
|
After 5
months completed service
|
-
|
38 hours
|
|
After 6
months completed service
|
-
|
60.8
hours
|
In
the second and subsequent years of service, the employee will be entitled to
60.8 hours sick leave per year.
The
rights under this clause shall accumulate as long as the employee is employed
continuously by the same employer.
(iv) The employer shall not terminate the
employment of any employee during any period when the employee is absent from
work and entitled to leave of absence in accordance with this clause and any
purported termination shall not take effect so long as the employee is entitled
to leave of absence in accordance with this clause.
25. 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 24, 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) For the purpose only of providing care
and support for a person in accordance with subclause (1) of this clause, and
despite the provisions of clause 6, Overtime, the following provisions shall
apply.
(b) 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.
(c) 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.
(d) 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.
(e) 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.
26. Bereavement Leave
(1) 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 as prescribed in
subclause (3) of this clause.
(2) The employee must notify the employer as
soon as practicable of the intention to take bereavement leave and will, if
required by the employer, provide to the satisfaction of the employer proof of
death.
(3) 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 25,
Personal/Carer's Leave Case, provided that, for the purpose of bereavement
leave, the employee need not have been responsible for the care of the person concerned.
(4) 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.
(5) Bereavement leave may be taken in
conjunction with other leave available under subclauses (2), (3), (4), (5) and
(6) of the said clause 25. In
determining such a request the employer will give consideration to the
circumstances of the employee and the reasonable operational requirements of
the business.
(6) Part-time employees are only entitled to
the said bereavement leave if the bereavement leave falls due on the day or
days when they would normally work and to be paid for the hours normally worked
on the day or days on which the leave is taken.
27. Payment of Wages
(i) All wages shall be paid weekly in
addition to any commission, bonus or premium to which the employee is
entitled. Such payment shall be made on
the same day of each week, which shall not be a Saturday or Sunday except as
herein provided for, and shall be made up to and including at least the second
day preceding the day of payment.
Provided that, in a week where an award holiday falls on the day on
which wages are usually paid, payment thereof shall be made not later than the
working day immediately preceding the award holiday; provided further that, if payment
is made on a Friday, it shall be made no later than 3.30 p.m. and payment may
be made on a Saturday, Sunday or public holiday to a part-time employee who
only works on a Saturday, Sunday or public holiday.
(ii) Subject to subclauses (iii) and (iv) of
this clause, overtime shall be paid no later than a week from the pay day
succeeding the day on which it was earned.
(iii) Where employment is terminated, an
employee shall be paid within one working day all wages due and shall be paid
all overtime and other moneys due within 14 days of the date of the termination
of employment.
(iv) In the event of an employer not paying
the said overtime and other moneys due at the time on which they have undertaken
to pay, or is obliged by this clause to pay them, then the employer shall
reimburse the employee all reasonable expenses they have incurred in attending
to collect the amounts due to him or her.
(v) Wages may be paid to employees at the
employer's discretion in the form of cash, cheque or by electronic funds
transfer into an account nominated by the employee, excepting meal allowance
which shall be paid only in cash during crib time.
28. Training
(i) The parties to this award recognise
that in order to increase the efficiency, productivity and competitiveness of
the industry, a greater commitment to training and skill developments 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; and
(c) removing barriers to the utilisation of
skills acquired.
(ii) Following proper consultation, an
employer shall develop a training program consistent with:
(a) the current and future skill needs of
the industry;
(b) the size, structure and nature of
operation in the industry;
(c) the need to develop vocational skills
relevant to the industry through courses conducted by accredited educational
institutions and providers through on-site courses.
(iii)
(a) Where, as a result of consultation with
the employees concerned, it is agreed that additional training for such
employees (excluding trade courses) in accordance with the program developed
pursuant to subclause (ii) of this clause should be undertaken by such
employees, that training may be undertaken during ordinary working hours and
the employees 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 prescribed textbooks (excluding those textbooks
which are available in the employer's technical library) incurred in connection
with the undertaking of additional training shall be 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
additional training in accordance with this clause which exceed those normally
incurred in travelling to and from work shall be reimbursed by the employer.
29. Utilisation of Skills
(i) Employees shall be employed to carry
out such duties as may be directed by an employer from time to time, subject to
their skill, competence and training.
(ii) Any employee may at any time carry out
such duties and use such tools and equipment as may be directed by the
employer, provided that the employee has been properly trained in the use of
such tools and equipment.
(iii) Disputes arising in relation to the
operation of this clause shall be dealt with in accordance with clause 32,
Dispute Procedure, following prior consideration of the issue.
30. Consultative Mechanism
Enterprises
covered by this award shall establish, between the employer and employee(s)
and/or the union, consultative mechanisms and procedures appropriate to their
size, structure and needs for consultation and negotiation on matters affecting
their efficiency and productivity.
31. Enterprise Arrangements
An
enterprise arrangement shall be processed in accordance with the Enterprise
Arrangement Principle of the current State Wage Case Decision.
32. Dispute Procedure
(i) Procedure relating to a grievance of an
individual employee:
(a) The employee is required to notify (in
writing or otherwise) the employer as to the substance of the grievance,
request a meeting with the employer for bilateral discussion 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) Procedure for a dispute between an
employer and the employees:
(a) A question, dispute or difficulty must
initially be dealt with as close as 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 purpose of each procedure.
33. Long Service Leave
See Long
Service Leave Act 1955.
34. Right of Entry
See Industrial
Relations Act 1996.
35. Termination of Employment
(i) The provisions of this clause shall
only apply to weekly employees, with the exception of subclause (vi) which
shall apply to part-time employees.
(ii) Employment shall be on a weekly basis
and shall continue from week to week until terminated in accordance with this
clause.
(iii) Employment shall be terminated by one
week's notice at any time during the week by either the employer or by the
employee or by the payment or forfeiture, as the case may be, of one week's
wages in lieu of such notice; provided that during the first week of employment
with an employer employment may be terminated by one day's notice by either the
employer or by the employee or by the payment or forfeiture, as the case may
be, of one day's wages in lieu of such notice.
(iv) Where an employee's period of service is
less than one year (calculated from the commencement of the employment) and the
employment is terminated, the employee is entitled to a pro rata annual leave
payment calculated in the following way:
Total
number of weeks employed, multiplied by the current gross wage and divided by
12.
(v) This clause shall not affect the right
of the employer to dismiss any employee without notice for malingering, neglect
of duty or misconduct and in such cases the wages shall be paid up to the time
of dismissal only.
(vi) Employment of part-time employees shall
be terminated by one week’s notice given at any time during the week by either
the employer or the employee or by the payment or forfeiture, as the case may
be, of one week’s wages in lieu of such notice.
(vii) Employment of apprentices and trainees on
probation may be terminated without notice by either the employer or employee
without any payment in lieu of notice.
36. Superannuation
(1) Definitions
For
the purpose of this award:
(a) The "fund" shall mean -
(i) "ASSET" means the Australian
Superannuation Savings Employment Trust, as may be amended from time to time, and includes any successor thereto;
or
(ii) "SALON SUPER" means the Salon
Superannuation Fund, as may be amended from time to time, and includes any
successor thereto; or
(iii) an alternative superannuation scheme existing
within a company conforming to the Commonwealth Government's operational
standards for occupational superannuation.
(b) The "employer" shall mean any
employer engaged in the industry to which clause 40, Area, Incidence and
Duration, applies.
(c) "Eligible employee" shall mean
any employee who earns $450.00 or more per month.
(d) "Employed in the industry"
means engagement by the employer where such engagement is within the scope of
the industries and callings of the Hairdressing and Beauty Treatment (State)
Conciliation Committee.
(e) "Ordinary-time earnings"
means:
(i) in the case of a weekly employee, the
classification's weekly rate of pay for ordinary hours of labour; or
(ii) in the case of a part-time employee, the
earnings for his/her classification during ordinary working hours (including
the appropriate part-time loading).
(iii) A classification's rate shall include the
rate per week and allowances related to work and/or conditions.
(iv) Ordinary-time earnings shall also include
any over-award payment.
(f) "Over-award payment" means
the amount (whether it be termed over-award payment", "attendance
bonus", "service increment", or any term whatsoever) which an
employee would receive in excess of an award and/or an industrial agreement's rate of pay for the classification in which such an employee
is engaged. Provided that such payment
shall exclude payments related to overtime prescribed by an award and/or
industrial agreement.
(2) Contributions
(a) Superannuation Legislation
The subject of superannuation is dealt with extensively
by federal legislation including the Superannuation Guarantee
(Administration) Act 1992, the Superannuation Guarantee Charge Act
1992, the Superannuation Industry (Supervision) Act 1993, the Superannuation
(Resolution of Complaints) Act 1993 and section 124 of the Industrial
Relations Act 1996 (NSW). This
legislation, as varied from time to time, governs the superannuation rights and
obligations of the parties.
(b) Each employer bound by this award shall sign
and execute the Deed of Adherence for the appropriate fund. Upon acceptance of the deed by the Trustees
of the fund the employer shall, without delay, notify the employee(s) who shall
sign and execute an application for membership for the appropriate fund. The employer shall pay to the Trustees of
the fund a weekly contribution, payable monthly, on behalf of each eligible
employee who has signed and executed an application for membership for the
appropriate fund.
(c) The employer shall pay the Trustees of
the fund on behalf of each employee a contribution of an amount not less than
the percentage currently prescribed by the Superannuation Guarantee Charge
Act 1992 of the ordinary-time earnings of
the employee.
(d) Contributions shall be payable from the
date on which the employee signs and executes the application for membership
referred to in paragraph (a) of this subclause, provided that the employer
shall not be required to make payment to the Trustees of the fund until a
period of two weeks has elapsed from the commencement of employment.
(e) The employer shall provide to each
eligible employee a statement setting out the amount of contributions made on
the employee's behalf into the fund. Such statement shall be provided yearly,
at the anniversary of their membership of the fund or employment. Notwithstanding the foregoing, at an
establishment which employs less than five weekly employees, such a statement
shall only be provided to an eligible employee upon his/her request.
37. Redundancy
(i) Application
(a) This clause
shall apply in respect of full-time and part-time employees.
(b) This clause
shall only apply to employers who employ 15 or more employees immediately prior
to the termination of employment of employees.
(c) 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.
(d) 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 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 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 subclause.
(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 subparagraph (1) of
paragraph (a) of subclause (ii) 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 subparagraph (1) 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 on 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)(1) above.
(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
three 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 the 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
Employment 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 required by the
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:
|
Under 45 Years of
Age
|
Years of Service
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 Clause
Nothing in this award shall be construed so as to
require the reduction or alteration of more advantageous benefits or conditions
which an employee may be entitled to under any existing redundancy arrangement,
taken as a whole, between the union and any employer bound by this award.
38. Anti-Discrimination
(i) 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, age and responsibility
as a carer.
(ii) 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 these 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.
(iii) 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.
(iv) Nothing in
this clause is to be taken to affect :
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(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.
(v) 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."
39. Deduction of
Union Membership Fees
(i) The employer
shall deduct Union membership fees (not including fines or levies) from the pay
of any employee, provided that:
(a) the employee
has authorised the employer to make such deductions in accordance with
subclause (ii) herein;
(b) the Union
shall advise the employer of the amount to be deducted for each pay period
applying at the employer's workplace and any changes to that amount;
(c) deduction of
union membership fees shall only occur in each pay period in which payment has
or is to be made to an employee; and
(d) there shall be
no requirement to make deductions for casual employees with less than two
months' service (continuous or otherwise).
(ii) The
employee's authorisation shall be in writing and shall authorise the deduction
of an amount of Union fees (including any variation in that fee effected in
accordance with the Union's rules) that the Union advises the employer to
deduct. Where the employee passes any
such written authorisation to the Union, the Union shall not pass the written
authorisation on to the employer without first obtaining the employee's consent
to do so. Such consent may form part of the written authorisation.
(iii) Monies so
deducted from employees' pay shall be remitted to the Union on either a weekly,
fortnightly, monthly or quarterly basis at the employer's election, together
with all necessary information to enable the reconciliation and crediting of
subscriptions to employees' membership accounts, provided that:
(a) where the
employer has elected to remit on a weekly or fortnightly basis, the employer
shall be entitled to retain up to five per cent of the monies deducted; and
(b) where the
employer has elected to remit on a monthly or quarterly basis, the employer
shall be entitled to retain up to 2.5 per cent of the monies deducted.
(iv) Where an employee
has already authorised the deduction of Union membership fees in writing from
his or her pay prior to this clause taking effect, nothing in this clause shall
be read as requiring the employee to make a fresh authorisation in order for
such deductions to commence or continue.
(v) The Union
shall advise the employer of any change to the amount of membership fees made
under its rules, provided that this does not occur more than once in any
calendar year. Such advice shall be in
the form of a schedule of fees to be deducted specifying either weekly,
fortnightly, monthly or quarterly as the case may be. The Union shall give the
employer a minimum of two months' notice of any such change.
(vi) An employee
may at any time revoke in writing an authorisation to the employer to make
payroll deductions of Union membership fees.
(vii) Where an
employee who is a member of the Union and who has authorised the employer to
make payroll deductions of Union membership fees resigns his or her membership
of the Union in accordance with the rules of the Union, the Union shall inform
the employee in writing of the need to revoke the authorisation to the employer
in order for payroll deductions of union membership fees to cease.
(viii) The above
variations shall take effect:
(a) In the case of
employers which currently deduct union membership fees, or whose payroll
facilities are carried out by way of an outsourcing arrangement, or whose
payroll calculations are made through the use of computerised means, from the
beginning of the first full pay period to commence on or after 20 June 2003.
(b) In the case of
employers who do not fall within paragraph (a) above, but who currently make
deductions, other than union membership fee deductions or mandatory deductions
(such as for taxation instalments or superannuation contributions) from
employees' pay, or have in place facilities to make such deductions, from the
beginning of the first full pay period to commence on or after 20 September
2003.
(c) For all other
employers, from the beginning of the first full pay period to commence on or
after 20 December 2003.
40. Area Incidence and Duration
This award
rescinds and replaces the Hairdressers', &c. (State) Award published 19
April 1996 (294 I.G. 1442), the Hairdressers, &c., Redundancy
(State) Award (290 IG 1096) and the Hairdressers’, &c., Superannuation
(State) Award (257 IG 801)
and all variations thereof. It shall
take effect from the beginning of the first full pay period to commence on or
after 31 August 2000 and shall remain in force for a period of three years.
This award
shall apply to all employees of the classes specified in clause 9, Wages and
Classifications, in the State, excluding the County of Yancowinna within the
jurisdiction of the Hairdressing and Beauty Treatment (State) Industrial
Committee.
The
changes made to the Award pursuant to section 19 of the Industrial Relations
Act 1996 and Principle 26 of the Principles for Review of Awards made by the
Industrial Relations Commission of New South Wales on 31 August 2000 (319 IG
1017) take effect from 13 April 2004.
The award
remains in force until varied or rescinded, the period for which it was made
having already expired.
HAIRDRESSING AND BEAUTY TREATMENT
(STATE) INDUSTRIAL COMMITTEE
Industries and Callings
Hairdressers,
barbers, wigmakers, hair workers and their assistants, and receptionists
employed in connection therewith, beauty therapists and teachers of beauty
therapy or any component thereof in beauty salons or clinics, electrologists,
aroma therapists, beauticians, manicurists, and all persons engaged in or in
connection with beauty treatment, and their assistants, excepting employees
exclusively engaged in the sale of goods or exclusively engaged in the
manufacture of beauty preparations; telephonists; cashiers and office
assistants in the State, excluding the County of Yancowinna.
PART B
MONETARY RATES
Table 1 - Wages
|
Level
|
Classification
|
Former
|
SWC 2003
|
Total
|
|
|
|
Rate
|
|
Rate
|
|
|
|
$
|
$
|
$
|
|
1
|
Wigmaker Employees, male and female, doing
|
525.20
|
17.00
|
542.20
|
|
|
work on or in connection with the making of
|
|
|
|
|
|
toupees or other hair pieces and/or doing
|
|
|
|
|
|
board work generally.
|
|
|
|
|
|
|
|
|
|
|
|
Adult Employee Hairdresser doing mens' and/or
|
|
|
|
|
|
ladies hairdressing
|
|
|
|
|
2
|
Receptionist/Salon Assistant 21 years of age and
|
493.45
|
17.00
|
510.45
|
|
|
over
|
|
|
|
|
3
|
Beautician, Electropodist as defined
|
489.20
|
17.00
|
506.20
|
|
4
|
Manicurist as defined over 18 years of age
|
476.45
|
17.00
|
493.45
|
|
5
|
Manicurist as defined at 18 years of age or under.
|
414.00
|
17.00
|
431.00
|
|
|
Manicurist as defined at 18 years of age but less
|
|
|
|
|
|
than 21 years of age, entering the industry without
|
|
|
|
|
|
experience, for the first six months of his or her
|
|
|
|
|
|
employment.
|
|
|
|
Table 2 - Other Rates
and Allowances
|
Item
|
Clause
|
Brief Description
|
SWC 2002
|
SWC 2003
|
|
No.
|
No.
|
|
Amount
|
Amount
|
|
|
|
|
$
|
$
|
|
1
|
7(v)
|
Meal allowance per meal
|
6.95
|
7.15
|
|
2
|
9(iv)
|
Employee in charge per week
|
28.60
|
29.50
|
|
3
|
13(ii)
|
Tool allowance per week
|
7.00
|
7.20
|
|
4
|
14
|
Health Department per hour
|
0.82
|
0.85
|
|
5
|
15
|
Laundering of uniforms per week
|
4.85
|
5.00
|
|
6
|
16
|
First-aid allowance per week
|
8.10
|
8.35
|
|
7
|
18
|
Transport allowance per km
|
0.61
|
0.64
|
NOTE:
These allowances are contemporary for expense related
allowances as at 30 March 2003 and for work related allowances are inclusive of
adjustment in accordance with the May 2003 State Wage Case Decision of the Industrial
Relations Commission.
D. W. RITCHIE, Commissioner.
____________________
Printed by
the authority of the Industrial Registrar.