Hair
and Beauty (State) Award
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by The
Professional Hairdressers' Association, Industrial Organisation of
Employers.
(No. IRC 1114 of 2008)
|
Before Commissioner
Ritchie
|
17 September 2008
|
VARIATION
1. Delete the
title of the award :"HAIRDRESSERS', &c. (STATE) AWARD" of
the award published 23 July 2004 (345 I.G. 452) to read as:
Hair
and Beauty (State) Award
2. Insert in
numerical order in the Arrangement the following new clauses:
11A. Casual
Employees
35A. Confidentiality
3. Delete from the
Arrangement the clause number and subject matter '2. Apprenticeship Trades',
and substitute the following:
2. Apprenticeships
and School-based Apprenticeships
4. Delete in
subclause (i) of clause 1 Definitions, the word 'Weekly" and insert in
lieu thereof the following:
"Full-time"
5. Insert after
subclause (ii) of clause 1, the following new paragraph:
(a) Casual employee
means a person engaged to work on an irregular basis for no less than 4 hours
per shift."
6. Delete
subclause (iii) of clause 1, and insert in lieu thereof the following:
(iii) Beautician
shall mean a person employed to perform the following services:
(a) manicure;
pedicure; nail enhancement and nail artistry techniques; and / or
(b) waxing; and/or
(c) eyebrow arching,
lash brow tinting; and make-up (all as defined in the National Beauty Training
Package).
7. Delete
subclause (iv) of clause 1, and insert in lieu thereof the following:
(iv) Beauty therapist
shall mean a person who:
(a) holds at least a
Certificate IV in Beauty Therapy; and
(b) performs any
work of a Beautician; or any or the following services (or a combination of
both): analysis of skin; development of treatment plans; facial treatments
including massage and other specialised treatments such as lymphatic drainage,
high frequency; body treatments, including full body massage and other
specialised treatments using machinery and other cosmetic applications and
techniques; body hair removal, including (but not limited to) waxing and
chemical methods, electrolysis and laser hair removal; aromatherapy and the
application of aromatic plant oils for beauty treatments; using various types
of electrical equipment for both body and facial treatments,
and excludes those persons who are covered under clause
9(iv)(d) of this Award for the time period specified therein."
8. Delete
subclause (viii) of clause 1, and insert in lieu thereof the following:
(viii) A hairdresser
shall mean a qualified person (within the definition of the Hairdressers Act
2003) doing men’s or women’s hairdressing, and excludes
those persons who are covered under clause 9(iv)(b) of this Award for the time
period specified therein."
9. Insert after
subclause (viii) of clause 1, the following new subclauses:
(ix) Salon means any
premises where hair and/or beauty services are performed.
(x) Union means The
Australian Workers’ Union, New South Wales.
10. Delete clause 2,
Apprenticeship Trades, and insert in lieu thereof the following new clause:
2. Apprenticeships
and School Based Apprenticeships
(i) Apprentices may
be indentured to one of the following apprenticeship trades:
(a) Hairdressing;
(b) Beauty Therapy
(ii) School based
apprentice is as employee who is undertaking an apprenticeship, declared or
recognised by the State Training Authority, under a training contract while
also enrolled in the Higher School Certificate. The School base apprenticeship
may commence upon the completion of Year 10 School Certificate exams. Such
school based apprenticeship are undertaken at a minimum Certificate III
Australian Qualifications Framework (AQF) qualification level as specified in
the relevant Vocational Training Order pursuant to the Apprenticeship and
Traineeship Act 2001.
(iii) Progression
through Wage Structure
(a) School based
apprentices progress through the wage scale at the rate of 12 months’
progression for each two years of employment as an apprentice, provided that
such apprentice satisfies the requirements of the Vocational Training Order
issued by the NSW Department of Education and Training (DET) relevant to the
trade being undertaken by the school based apprentice.
(b) The rates of pay
are based on a standard apprenticeship of four years (unless the apprenticeship
is of three years duration). The rate of progression reflects the average rate
of skill acquisition expected from the typical combination of work and training
for a school based apprentice undertaking the applicable apprenticeship.
(iv) Conversion from
a school based to a full time apprenticeship
Where an apprentice converts from a school based to a
full-time apprenticeship, all time spent as a full-time apprentice counts for
the purpose of progression through the wage scale set out in this Award. This
progression applies in addition to the progression achieved as a school based
apprentice.
(v) Conditions of
Employment
Expect as provided by this award, school based
apprentices are entitled to pro-rata entitlements and all other conditions of
employment contained in this Award.
(a) The school based
apprentice shall be allowed over the duration of the apprenticeship, the same
amount of time to attend off the job training as an equivalent full time
apprentice.
.
(b) For the purpose
of this sub-clause, off the job training is structured training delivered by a
Registered Training Organisation separate from normal work duties or general
supervised practice undertaken on the job.
(c) The duration of
the apprenticeship shall be as specified in the training agreement or contact
for each apprentice. The period so specified to which the apprentice wage rates
apply shall not exceed 6 years.
(vi) Disputes and
Disciplinary Matters
The settlement of Dispute provisions of the Award,
subject to the provisions of the Apprenticeship and Traineeship Act
2001, shall apply for the resolution of disputes and disciplinary matters. This
means that in the event that a dispute cannot be resolved at the enterprise
level in accordance with the Settlement of Dispute provisions of the Award, it
will be first referred to the Vocational Training Tribunal in accordance with
the Apprenticeship and Traineeship Act 2001. Then if necessary it will
be referred to the Industrial Relations Commission of New South Wales, for
conciliation and if necessary arbitration.
(vii) Rate of Pay for
school based apprentice
(a) The hourly rates
for full time apprentices as set out in this Award shall apply to school based
apprentices for total hours worked including time deemed to be spent off the
job Training.
(b) For the purposes
of subclause (a) of this clause, where a school based apprentice is a full time
school student, the time spent in off the job training for which the school
based apprentice is paid is deemed to be 25 per cent of the actual hours worked
on the job each week. The wages paid for training time may be averaged over the
school term or year.
(c) Where this Award
specifies a weekly rate for full time apprentices the hourly rate shall be
calculated by dividing the applicable weekly rate by 38.
(viii) Leave Reserved
Leave is reserved to the parties to apply to amend
sub-clause 9(v) if a Vocational Training Order relevant to the trade of a
School based apprentice is amended, after consultation with the award parties.
11. Delete clause 7,
Meals and insert in lieu thereof the following:
7. Meals
(i) An employee
shall be allowed no less than thirty (30) minutes for a meal between 11:45am
and 2:45pm, Monday to Sunday inclusive, or at other times as agreed between the
employer and the employee.
In any salon that does not provide a clean room and hot
water facilities to employees, the period allowed for a meal shall be extended
by 15 minutes which shall be counted as time worked.
(ii) There shall be
no meal break on any day where an employee works less than five hours.
(iii) Subject to any
arrangements in accordance with subclause (ii) of clause 4, Hours, and despite
clause 7(ii), any employee required to work after 6:00pm, 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 which shall be counted as time worked."
12. Delete clause 9
Wages and Classifications, and insert in lieu thereof the following:
9. Wages and
Classifications
The minimum weekly wage payable to full-time employees shall
be as set out in Table 1 - Wages, of Part B, Monetary Rates.
(i) 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%
|
(ii) In addition to
the appropriate minimum wage prescribed by this clause, an employee in charge
of a salon for more than four hours in a shift, 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 sub-clause shall
be referred to the Industrial Relations Commission of New South Wales, for
conciliation and if necessary arbitration.
(iii) Apprentices
(a) For all
apprenticeships contracts entered into on or after the date that the new
relevant Vocational Training Orders are gazetted by the NSW Government, the minimum
wages payable to apprentices and probationers doing hairdressing shall be the
following percentages of the wage prescribed for a hairdresser as appears in
Level 1 of Table 1:
|
|
Percentage Per Week
|
|
1st Year
|
45%
|
|
2nd Year
|
60%
|
|
3rd Year
|
80%
|
(b) For all
apprenticeships contracts entered into on or after the date that the new
relevant Vocational Training Orders are gazetted by the NSW Government, the
minimum wages payable to apprentices or probationers doing beauty therapy shall
be the following percentages of the wage prescribed for a beauty therapist as
appears in Level 1 of the said Table 1:
|
|
Percentage Per Week
|
|
1st Year
|
45%
|
|
2nd Year
|
60%
|
|
3rd Year
|
80%
|
(iv) Students and
Graduates
(a) The minimum
wages payable to a person who is completing (but has not yet completed):
(i) a Commercial
Certificate III in Hairdressing (within the definition of the Australian
Hairdressing Training Package 2006); or
(ii) a Certificate
IV in Beauty Therapy (within the definition of the National Beauty Training
Package), not being a person who is also completing an apprenticeship, for
hours worked that do not form part of the minimum ‘on-the-job’ component of the
course as offered by the relevant Registered Training Organisation, shall be
one thirty-eighth of the appropriate weekly rate for a 2nd year apprentice, as
the case may be, plus a casual loading of twenty (20) percent.
Provided that:
A. such a person
will not be entitled to the benefit of the following clauses of this Award:
21(i)-(iii), 23, 24 25, 26 (1)-(6), 35, 37; and
B. the twenty (20)
per cent loading paid to such persons shall be deemed a benefit that is more
favourable to the worker than sections 3, 4 or 4A of the Annual Holidays Act
1944, and therefore, those sections of that Act will not apply to such persons
under this Award.
(b) The minimum wages payable to a person that has completed a
Certificate III in Hairdressing (within the definition of the Australian
Hairdressing Training Package 2006), other than a person who is completing or
has completed their apprenticeship as a hairdresser, shall be the following
percentages of the wage prescribed for a hairdresser as appears in Level 1 of
Table 1:
|
|
Percentage Per Week
|
|
No more than 12 months experience after completion
|
80%
|
|
Thereafter
|
100%
|
(c) The minimum
wages payable to a person that has completed a Certificate III in Beauty
Services (or as amended from time to time), other than a person who is
completing or has completed their apprenticeship as a beauty therapist, shall
be the following percentages of the wage prescribed for a beautician as appears
in Level 3 of Table 1:
|
|
Percentage Per Week
|
|
No more than 12 months experience after completion
|
80%
|
|
Thereafter
|
100%
|
Provided that the minimum wages payable to such a
person shall be 100% of the wage prescribed for a beautician as appears in
Level 3 of Table 1 once that person attains the age of 21.
(d) The minimum
wages payable to a person that has completed a Certificate IV in Beauty Therapy
(other than a person who is completing or has completed their apprenticeship as
a beauty therapist) shall be the following percentages of the wage prescribed
for a beauty therapist as appears in Level 1 of Table 1:
|
|
Percentage Per Week
|
|
No more than 12 months experience after completion
|
80%
|
|
Thereafter
|
100%
|
Provided that the minimum wages payable to such a
person shall be 100% of the wage prescribed for a beauty
therapist as appears in Level 1 of Table 1 once that person attains the age
of 21."
(v) Transitional
arrangement - Apprenticeships
For all apprenticeships contracts entered into prior to
the date that the new relevant Vocational Training Orders are gazetted by the
NSW Government, the minimum wages payable to apprentices or probationers doing
hairdressing or beauty therapy shall be the following percentages of the
relevant senior wage, as the case may be, as appears in Level 1 of the said
Table 1:
|
|
Percentage Per Week
|
|
1st Year
|
40%
|
|
2nd Year
|
55%
|
|
3rd Year
|
70%
|
|
4th Year
|
85%
|
13. Delete clause
11, Part-time Employees and insert in lieu thereof the following:
11. Part-Time
Employees
(i) 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 four hours work.
Where the rates outside the normal hourly rates apply, these shall be
paid to part-time employees.
(ii) Any change to
a part-time employee’s hours of work or days of work are to be communicated to
the employee no less than five days prior, unless otherwise agreed by the employer
and the employee.
(iii) Upon
appointment, a part-time employee shall be provided a written letter stating:
(a) the employee’s
name;
(b) the name of the
employer;
(c) that the
employee is employed on a part-time basis;
(d) the address of
the salon where the work is to be carried out;
(e) the hourly rate
of pay for ordinary time worked;
(f) any other form
of remuneration;
(g) whether it is
proposed that any tools are to be supplied by the employee; and
(h) the proposed
hours of work per week."
14. Insert after
clause 11, Part-time Employees, the following new clause:
11A. Casual Employees
(i) Employees
engaged as casual employees shall be paid one thirty-eighth of the appropriate
weekly rate for the work they perform, plus twenty per cent, with a minimum
engagement of four hours work. Where
the rates outside the normal hourly rates apply, these shall be paid to casual
employees.
(ii) Upon
appointment, a casual employee shall be provided a written letter stating:
(a) the employee’s
name;
(b) the name of the
employer;
(c) that the
employee is employed on a casual basis;
(d) the address of
the salon where the work is to be carried out;
(e) the hourly rate
of pay for ordinary time worked;
(f) any other form
of remuneration;
(g) whether it is
proposed that any tools are to be supplied by the employee."
15. Delete clause
13, State Wages Case Adjustments and insert in lieu thereof the following:
13. State Wage Case
Adjustments
The rates of pay in this award include the adjustments
payable under the State Wage Case 2008.
These adjustments may be offset against:
(a) any equivalent
overaward payments; and/or
(b) award wage
increases since 29 May 1991 other than safety net, State Wage Case, and minimum
rates adjustments.
16. Insert at the
end of clause 18, Transport Allowance the following new paragraph:
Where an employer has more than one salon under its
control, an employee will be designated a base salon from which they are
employed at. If the employee is
required to work at another salon then the employee is to be paid the transport
allowance (to and from the other work location) of not less than the amount set
out in Item 7 of Table 2 - Other Rates and Allowances, of Part B, Monetary
Rates, between the base salon and the other salon, or actual costs incurred,
whichever is greater.
17. Delete clause 21
Holidays, and insert in lieu thereof the following:
21. Holidays
(i) The following
days or the days observed as such shall be holidays without reduction of wages:
(a) New Year’s Day;
(b) Australia Day;
(c) Good Friday;
(d) Easter Saturday;
(e) Easter Monday;
(f) ANZAC Day;
(g) Queen’s
Birthday;
(h) Labour Day;
(i) Christmas Day;
(j) Boxing Day;
(k) the first
Tuesday of November each year; and
(l) any other day,
or part-day, declared by or under a law of NSW to be observed generally within
NSW, or a region of NSW, as a public holiday.
(ii) Any employee
absent without leave on the day before or the day after a holiday identified in
this clause shall be liable to forfeit wages for the day of absence as well as
for that 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.
(iv) A casual
employee shall not be entitled to the benefits of this clause, except for the
provisions as set out in clause 4(iii) of this Award.
18. Delete clause
22, Annual Leave and insert in lieu thereof the following:
22. Annual Leave
See Annual Holidays Act 1944. As a casual employee is to be paid a twenty
(20) per cent casual loading, that casual loading shall be deemed to be a
benefit that is more favourable to the worker than sections 3, 4 or 4A of the Annual
Holidays Act 1944, and therefore, those sections of that Act will not apply
to casual employees under this Award by virtue of section 5 of that Act.
19. Delete subclause
(i) of clause 23 Annual leave Loading and insert in lieu thereof the following:
(i) In this clause
the Annual Holidays Act 1944 is referred to as "the Act:. This clause shall not apply to casual
employees.
20. Delete the word
"weekly" in subclause (i) of clause 24 Sick Leave, subclause (i) of
clause 35 Termination of Employment, clause 36 Superannuation (1)(e)(i), and
36(2)(3) (where applicable), and insert in lieu thereof the following:
"full-time"
21. Insert at the
end of subclause (iv) of clause 24, Sick Leave the following new subclause:
(v) This clause
shall not apply to part-time employees or casual employees.
22. Delete subclause
(v) of clause 27, Payment of Wages and insert in lieu thereof the following:
(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.
23. Insert after
paragraph (f) of subclause (i) of clause 32, Disputes Procedure the following
new subclause (g).
(g) Either party
involved in the grievance can refer the matter to the Industrial Relations
Commission of New South Wales, for conciliation and if deemed necessary by
either party, arbitration.
24. Insert after
paragraph (d) of subclause (ii) of clause 32 the following new subclause (e):
(e) Either party
involved in the dispute can refer the matter to the Industrial Relations
Commission of New South Wales, for conciliation and if deemed necessary by
either party, arbitration.
25. Insert after
subclause (i) of clause 35 Termination of Employment, the following new
paragraph:
(a) This clause
shall not apply to casual employees.
26. Delete subclause
(iii) of clause 35, and insert in lieu thereof the following:
(iii) The employment
of each employee is probationary for the first three months of employment, and
commences on the first day of employment.
During the probationary period, the employment may be terminated either
by the employer or the employee with one day’s notice for any reason, or by the
payment or forfeiture, as the case may be, of one day’s wages in lieu of such
notice
27. Insert after
subclause (iii) of clause 35, the following new paragraph (a):
(a) Other than
during the probationary period, employment shall be terminated by one week’s
notice 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.
28. Insert after
clause 35, Termination of Employment, the following new clause:
35A. Confidentiality
(i) In this clause,
"Confidential information" includes all information of a confidential
nature regarding the past, current or future business interests, methodology or
affairs of any person or entity with which an employee may deal or be concerned
with, including but not limited, to matters of a technical nature, trade
secrets, marketing procedures, financial information, wages / salary
information, customer / client lists, and any other information which the
employee comes across during the period of the employment.
(ii) At all times
during and after the termination of employment for any reason, all confidential
information shall remain the property of the employer.
(iii) Except in the
proper course of his or her employment, an employee shall not, either during
the term of employment or after its termination:
(a) disclose or
allow to be disclosed, any confidential information, to any other person,
unless required by law; or
(b) use any
confidential information, whether such use is for the benefit of that employee
or otherwise."
29. Delete
subparagraph (ii) of paragraph (a) of subclause (1) of clause 36,
Superannuation, and insert in lieu thereof the following:
(ii) Future Plus
Super" means Future Plus Superannuation Fund, as may be amended from time
to time, and includes any successor thereto; or
30. Insert in
paragraph (a) of subclause (i) of clause 37, Redundancy after the word
"shall" the following word:
"only"
31. Delete Part B,
Monetary Rates and insert in lieu thereof the following:
PART B
MONETARY
RATES
Table 1 - Wages
|
Level
|
Classification
|
SWC 2007
|
SWC 2008
|
SWC 2008
|
|
|
|
Amount
|
Adjustment
|
Amount
|
|
|
|
$
|
$
|
$
|
|
|
|
|
|
|
|
|
Wigmaker - Employees, male and female,
|
|
|
|
|
|
doing work on or in connection with the
|
|
|
|
|
1
|
making of wigs, toupees or other hair pieces
|
|
|
|
|
|
and /or doing board work generally
|
618.20
|
24.73
|
642.95
|
|
|
|
|
|
|
|
|
Hairdresser doing men’s and /or ladies
|
|
|
|
|
|
hairdressing
|
|
|
|
|
|
|
|
|
|
|
|
Beauty Therapist
|
|
|
|
|
|
|
|
|
|
|
2
|
Receptionist/Salon Assistant - 21 years of
|
|
|
|
|
|
age and over
|
586.45
|
23.46
|
609.90
|
|
|
|
|
|
|
|
3
|
Beautician, Electrologist, Chiropodist
|
582.20
|
23.29
|
605.50
|
Table 2 - Other
Rates and Allowances
|
Item
|
Clause
|
Brief Description
|
SWC 2007
|
SWC 2008
|
|
No
|
No
|
|
Amount
|
Amount
|
|
|
|
|
$
|
$
|
|
1
|
7(v)
|
Meal Allowance per meal
|
8.25
|
8.70
|
|
2
|
9 (iv)
|
Employee in Charge per day
|
N/A*
|
7.05
|
|
3
|
13 (ii)
|
Tool Allowance per week
|
8.05
|
8.40
|
|
4
|
14
|
Health Department per hour
|
0.99
|
1.03
|
|
5
|
15
|
Laundry per week
|
5.60
|
5.75
|
|
6
|
16
|
First Aid per week
|
9.60
|
10.00
|
|
7
|
18
|
Transport Per km
|
0.72
|
0.77
|
"Note": These allowances are contemporary for
expense related allowances as at 30 June 2008 and for work related allowances
are inclusive of adjustment in accordance with the June 2008 State Wage Case
Decision of the Industrial Relations Commission of New South Wales.
* In 2007, this allowance was payable on a weekly basis.
32. Insert after
Table 2, in Part B Monetary Rates the following new Table 3:
Table 3 -
Part-time and Casual Rates of Pay
|
Level
|
Classification
|
Part-time
|
Casual
|
|
|
|
Rate per
|
Rate per
|
|
|
|
hour*
|
hour*
|
|
|
|
$
|
$
|
|
|
|
|
|
|
|
Wigmaker - Employees, male and female, doing work on or in
|
|
|
|
|
connection with the making of wigs, toupees or other hair
pieces
|
|
|
|
|
and/or doing board work generally.
|
18.61
|
20.30
|
|
1
|
|
|
|
|
|
Hairdresser doing men’s and/or ladies hairdressing
|
|
|
|
|
|
|
|
|
|
Beauty Therapist
|
|
|
|
|
|
|
|
|
2
|
Receptionist/Salon Assistant - 21 Years of age and over
|
17.66
|
19.26
|
|
|
|
|
|
|
3
|
Beautician, Electrologist, Chiropodist
|
17.53
|
19.12
|
*Wages must be adjusted for any applicable loading as
described in clause 4 (iii).
33. This variation
shall take effect from the first full pay period commencing on or after 19
September 2008.
D.W.
RITCHIE, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.