Hair
and Beauty (State) Award
award
REPRINT
This
reprint of the abovementioned award is published by the authority of the
Industrial Registrar under section 390 of the Industrial Relations Act
1996, and under Rule 6.6 of the Industrial Relations Commission Rules
2009.
I
certify that the form of this reprint, incorporating the variations set out in
the schedule, is correct as at the latest date of effect therein mentioned.
G.
M. GRIMSON Industrial Registrar.
Schedule of Award and
Variations Incorporated
Clause
|
Award/
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Date of
|
Date of Taking Effect
|
Industrial Gazette
|
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Variation
|
Publication
|
|
|
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Serial No.
|
|
|
|
|
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Vol.
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Page
|
Award
|
C2768
|
23/07/2004
|
First pay period
on or after 13/04/2004
|
345
|
452
|
10, Part B
|
C3011
|
19/11/2004
|
First full pay
period on or after 25/07/2004
|
347
|
411
|
3, 9
|
C3408
|
06/05/2005
|
From 28/10/2004
|
350
|
1040
|
10, Part B
|
C3934
|
21/10/2005
|
First full pay
period on or after 25/7/2005
|
354
|
655
|
10, Part B
|
C5018
|
15/12/2006
|
First full pay
period on or after 25/7/2006
|
361
|
1214
|
Arrangement,
|
C5438
|
25/05/2007
|
On and from
19/12/2007
|
362
|
789
|
24A, 25, 26
|
|
|
|
|
|
10, Part B
|
C6137
|
09/11/2007
|
First full pay
period on or after 19/9/2006
|
364
|
397
|
40
|
C6093
|
08/02/2008
|
On and from
15/9/2007
|
364
|
965
|
Title,
|
C6748
|
31/10/2008
|
First full pay
period on or after 19/9/2008
|
366
|
936
|
Arrangement
|
|
|
|
|
|
1, 2, 7, 9,
|
|
|
|
|
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10, 11, 11A,
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18, 21, 22,
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23, 24, 27,
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32, 35, 35A,
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36, 37, Part B
|
|
|
|
|
|
Correction to
|
C6794
|
28/11/2008
|
|
366
|
1300
|
C6748
|
|
|
|
|
|
10, Part B
|
C7207
|
30/10/2009
|
First full pay
period on or after 19/9/2009
|
369
|
544
|
10, Part B
|
C7580
|
02/09/2011
|
First full pay
period on or after 16/12/2010
|
371
|
627
|
Arrangement
PART A
Clause No. Subject Matter
1. Definitions
2. Apprenticeships
and School-based Apprenticeships
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
11A. Casual
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
24A. Parental
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
35A. Confidentiality
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
Table 3 - Part-time and Casual Rates of Pay
PART A
1. Definitions
(i) Full-time 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.
(a) Casual employee
means a person engaged to work on an irregular basis for no less than 4 hours
per shift."
(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).
(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.
(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) 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.
(ix) Salon means any
premises where hair and/or beauty services are performed.
(x) Union means The
Australian Workers’ Union, New South Wales.
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.
3. Prohibition of Work
No person shall perform the work of a hairdresser
unless that person is qualified to work as a hairdresser under the provisions
of the Hairdressers Act 2003.
Provided however that a Salon Assistant as defined in the Award is
permitted to perform the following tasks: Shampoo, Basin Work, Remove Hair
Colours, Neutralise Permanent Waves, Remove Bleaches and Lighteners, Rinse
Treatments and Application of 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) 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.
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 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%
|
10. State Wage Case
Adjustments
The rates of pay in this award include the adjustments
payable under the State Wage Case 2010.
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.
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.
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.
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.
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.
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) 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.
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.
23. Annual Leave Loading
(i) In this clause
the Annual Holidays Act 1944 is referred to as "the
Act":. This clause shall not apply
to casual employees.
(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 full-time 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.
(v) This clause
shall not apply to part-time employees or casual employees.
24A. Parental Leave
(1) Refer to the Industrial
Relations Act 1996 (NSW). The
following provisions shall also apply in addition to those set out in the Industrial
Relations Act 1996 (NSW).
(2) An employer must
not fail to re-engage a regular casual employee (see section 53(2) of the Act)
because:
(a) the employee or
employee's spouse is pregnant; or
(b) the employee is
or has been immediately absent on parental leave.
The rights of an employer in relation to engagement and
re-engagement of casual employees are not affected, other than in accordance
with this clause.
(3) Right to request
(a) An employee
entitled to parental leave may request the employer to allow the employee:
(i) to extend the
period of simultaneous unpaid parental leave use up to a maximum of eight
weeks;
(ii) to extend the
period of unpaid parental leave for a further continuous period of leave not
exceeding 12 months;
(iii) to return from
a period of parental leave on a part-time basis until the child reaches school
age;
to assist the employee in reconciling work and parental
responsibilities.
(b) The employer
shall consider the request having regard to the employee's circumstances and,
provided the request is genuinely based on the employee's parental
responsibilities, may only refuse the request on reasonable grounds related to
the effect on the workplace or the employer's business. Such grounds might include cost, lack of
adequate replacement staff, loss of efficiency and the impact on customer service.
(c) Employee's
request and the employer's decision to be in writing
The employee's request and the employer's decision made
under 3(a)(ii) and 3(a)(iii) must be recorded in writing.
(d) Request to
return to work part-time
Where an employee wishes to make a request under
3(a)(iii), such a request must be made as soon as possible but no less than
seven weeks prior to the date upon which the employee is due to return to work
from parental leave.
(4) Communication
during parental leave
(a) Where an employee
is on parental leave and a definite decision has been made to introduce
significant change at the workplace, the employer shall take reasonable steps
to:
(i) make
information available in relation to any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave; and
(ii) provide an
opportunity for the employee to discuss any significant effect the change will
have on the status or responsibility level of the position the employee held
before commencing parental leave.
(b) The employee
shall take reasonable steps to inform the employer about any significant matter
that will affect the employee's decision regarding the duration of parental
leave to be taken, whether the employee intends to return to work and whether
the employee intends to request to return to work on a part-time basis.
(c) The employee
shall also notify the employer of changes of address or other contact details
which might affect the employer's capacity to comply with paragraph (a).
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 25(1)(c)(ii) 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 at clause 24, Sick Leave of the award, for
absences to provide care and support for such persons when they are ill, or who
require care due to an unexpected emergency. Such leave may be taken for part
of a single day.
(b) The employee
shall, if required,
(1) 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, or
(2) establish by
production of documentation acceptable to the employer or a statutory
declaration, the nature of the emergency and that such emergency resulted in
the person concerned requiring care by the employee.
In normal circumstances, an employee must not take
carer's leave under this subclause where another person had 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.
Note: In the unlikely event that more than 10 days sick
leave in any year is to be used for caring purposes the employer and employee
shall discuss appropriate arrangements which, as far as practicable, take
account of the employer’s and employee’s requirements.
Where the parties are unable to reach agreement the
disputes procedure at clause 32, Dispute Procedure, should be followed.
(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 class of person set out in 25(1)(c)(ii)
above who is ill or who requires care due to an unexpected emergency.
(3) Annual Leave
(a) An employee may
elect, with the consent of the employer to take annual leave not exceeding ten 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.
(d) An employee may
elect with the employers agreement to take annual leave at any time within a
period of 24 months from the date at which it falls due.
(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.
(7) Personal Carers
Entitlement for casual employees -
(a) Subject to the
evidentiary and notice requirements in 25(1)(b) and 25(1)(d) casual employees
are entitled to not be available to attend work, or to leave work if they need
to care for a person prescribed in subclause 25(1)(c)(ii) of this clause who
are sick and require care and support, or who require care due to an unexpected
emergency, or the birth of a child.
(b) The employer and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In the absence of agreement, the employee
is entitled to not be available to attend work for up to 48 hours (i.e. two
days) per occasion. The casual employee is not entitled to any payment for the
period of non-attendance.
(c) An employer must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not to engage a casual employee are otherwise not affected.
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.
(7) Bereavement
entitlements for casual employees
(a) Subject to the
evidentiary and notice requirements in 26(2) casual employees are entitled to
not be available to attend work, or to leave work upon the death in Australia
of a person prescribed in subclause 25(1)(c)(ii) of clause 25, Personal/Carer's
Leave.
(b) The employer and
the employee shall agree on the period for which the employee will be entitled
to not be available to attend work. In the absence of agreement, the employee
is entitled to not be available to attend work for up to 48 hours (i.e. two
days) per occasion. The casual employee is not entitled to any payment for the
period of non-attendance.
(c) An employer must
not fail to re-engage a casual employee because the employee accessed the
entitlements provided for in this clause. The rights of an employer to engage
or not engage a casual employee are otherwise not affected.
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.
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.
(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.
(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.
(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.
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 full-time
employees, with the exception of subclause (vi) which shall apply to part-time
employees.
(a) This clause
shall not apply to casual employees.
(ii) Employment shall be on a weekly basis and
shall continue from week to week until terminated in accordance with this
clause.
(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.
(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.
(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.
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."
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) "Future
Plus Super" means Future Plus 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 full-time employee, the
classification's full-time
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 full-time employees, such a statement shall
only be provided to an eligible employee upon his/her request.
37. Redundancy
(i) Application
(a) This clause
shall only 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 the Award
Review pursuant to section 19(6) 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 28 April 1999 (310 I.G. 359) take
effect on and from 15 September 2007.
This award remains in force until varied or rescinded,
the period for which it was made already having 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
|
SWC 2009
|
SWC 2010
|
SWC 2010
|
|
|
|
(4.25%)
|
|
|
|
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
|
660.95
|
28.09
|
689.05
|
|
|
|
|
|
|
Hairdresser doing men’s and /or ladies
|
|
|
|
|
hairdressing
|
|
|
|
|
|
|
|
|
|
Beauty Therapist
|
|
|
|
|
|
|
|
|
2
|
Receptionist/Salon Assistant - 21 years of
|
|
|
|
|
age and over
|
627.00
|
26.65
|
653.65
|
|
|
|
|
|
3
|
Beautician, Electrologist, Chiropodist
|
622.45
|
26.45
|
648.90
|
Table 2 - Other Rates and Allowances
Item
|
Clause
|
Brief Description
|
SWC 2009
|
SWC 2010
|
No
|
No
|
|
(2.8%)
|
(4.25%)
|
|
|
|
Amount
|
Amount
|
|
|
|
$
|
$
|
1
|
7(v)
|
Meal Allowance per meal
|
9.15
|
9.15
|
2
|
9 (iv)
|
Employee in charge per day
|
7.25
|
7.55
|
3
|
13 (ii)
|
Tool allowance per week
|
8.80
|
8.80
|
4
|
14
|
Health Department per hour
|
1.06
|
1.11
|
5
|
15
|
Laundry per week
|
5.95
|
5.95
|
6
|
16
|
First aid per week
|
10.30
|
10.70
|
7
|
18
|
Transport per km
|
0.77
|
0.77
|
Table 3 - Part-time and Casual Rates of Pay
Level
|
Classification
|
Part-time
|
Casual
|
|
|
rate per hour
|
rate per hour
|
|
|
SWC 2010
|
SWC 2010
|
|
|
(4.25 %)
|
(4.25 %)
|
|
|
$
|
$
|
|
|
|
|
|
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.
|
19.94
|
21.76
|
1
|
|
|
|
|
Hairdresser doing men’s and/or ladies hairdressing
|
|
|
|
|
|
|
|
Beauty Therapist
|
|
|
|
|
|
|
2
|
Receptionist/Salon Assistant - 21 Years of age and over
|
18.92
|
20.64
|
|
|
|
|
3
|
Beautician, Electrologist, Chiropodist
|
18.79
|
20.50
|
____________________
Printed by
the authority of the Industrial Registrar.