Table of Contents - MA000005 Hair and Beauty Industry Award 2020

Part 1—Application and Operation of this Award

1. Title and commencement

2. Definitions

3. The National Employment Standards and this award

4. Coverage

5. Individual flexibility arrangements

6. Requests for flexible working arrangements

7. Facilitative provisions

Part 2—Types of Employment and Classifications

8. Types of employment

9. Full-time employees

10. Part-time employees

11. Casual employees

12. Apprentices

13. Classifications

Part 3—Hours of Work

14. Ordinary hours of work

15. Rostering arrangements

16. Breaks

Part 4—Wages and Allowances

17. Minimum rates

18. Apprentice,trainee and graduate rates

19. Payment of wages

20. Allowances

21. Superannuation

Part 5—Overtime and Penalty Rates

22. Overtime

23. Penalty rates

Part 6—Leave and Public Holidays

24. Annual leave

25. Personal/carer’s leave and compassionate leave

26. Parental leave and related entitlements

27. Community service leave

28. Unpaid family and domestic violence leave

29. Public holidays

Part 7—Consultation and Dispute Resolution

30. Consultation about major workplace change

31. Consultation about changes to rosters or hours of work

32. Dispute resolution

Part 8—Termination of Employment and Redundancy

33. Termination of employment

34. Redundancy

SCHEDULE A—CLASSIFICATION STRUCTURE AND DEFINITIONS
SCHEDULE B—SUMMARY OF HOURLY RATES OF PAY
SCHEDULE C—SUMMARY OF MONETARY ALLOWANCES
SCHEDULE D—SUPPORTED WAGE SYSTEM
SCHEDULE E—SCHOOL-BASED APPRENTICES
SCHEDULE F—AGREEMENT TO TAKE ANNUAL LEAVE IN ADVANCE
SCHEDULE G—AGREEMENT TO CASH OUT ANNUAL LEAVE
Hair and Beauty Industry Award 2020

Hair and Beauty Industry Award 2020

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 14 November 2022 (PR747557).

Clause(s) affected by the most recent variation(s):

Table of Contents

[Varied by PR747557]

Part 1—Application and Operation of this Award

1. Title and commencement

2. Definitions

3. The National Employment Standards and this award

4. Coverage

5. Individual flexibility arrangements

6. Requests for flexible working arrangements

7. Facilitative provisions

Part 2—Types of Employment and Classifications

8. Types of employment

9. Full-time employees

10. Part-time employees

11. Casual employees

12. Apprentices

13. Classifications

Part 3—Hours of Work

14. Ordinary hours of work

15. Rostering arrangements

16. Breaks

Part 4—Wages and Allowances

17. Minimum rates

18. Apprentice,trainee and graduate rates

19. Payment of wages

20. Allowances

21. Superannuation

Part 5—Overtime and Penalty Rates

22. Overtime

23. Penalty rates

Part 6—Leave and Public Holidays

24. Annual leave

25. Personal/carer’s leave and compassionate leave

26. Parental leave and related entitlements

27. Community service leave

28. Unpaid family and domestic violence leave

29. Public holidays

Part 7—Consultation and Dispute Resolution

30. Consultation about major workplace change

31. Consultation about changes to rosters or hours of work

32. Dispute resolution

Part 8—Termination of Employment and Redundancy

33. Termination of employment

34. Redundancy

Schedule A—Classification Structure and Definitions

Schedule B—Summary of Hourly Rates of Pay

Schedule C—Summary of Monetary Allowances

Schedule D—Supported Wage System

Schedule E—School-based Apprentices

Schedule F—Agreement to Take Annual Leave in Advance

Schedule G—Agreement to Cash Out Annual Leave

Part 1—Application and Operation of this Award

1. Title and commencement

2. Definitions

3. The National Employment Standards and this award

4. Coverage

5. Individual flexibility arrangements

6. Requests for flexible working arrangements

7. Facilitative provisions

1. Title and commencement

1.1 This is the Hair and Beauty Industry Award 2020.

1.2 This modern award commenced operation on 1 January 2010. The terms of the award have been varied since that date.

1.3 A variation to this award does not affect any right,privilege,obligation or liability that a person acquired,accrued or incurred under the award as it existed prior to that variation.

2. Definitions

In this award:

3. The National Employment Standards and this award

3.1 The National Employment Standards (NES) and this award contain the minimum conditions of employment for employees covered by this award.

3.2 The minimum conditions in the NES relate to the following matters:

      (a) maximum weekly hours (Division 3);

      (b) requests for flexible working arrangements (Division 4);

      (ba) offers and requests for casual conversion (Division 4A);

      (c) parental leave and related entitlements (Division 5);

      (d) annual leave (Division 6);

      (e) personal/carer's leave,compassionate leave and unpaid family and domestic violence leave (Division 7);

      (f) community service leave (Division 8);

      (g) long service leave (Division 9);

      (h) public holidays (Division 10);

      (i) notice of termination and redundancy pay (Division 11);

      (j) Fair Work Information Statement (Division 12).

3.3 Where this award refers to a condition of employment provided for in the NES,the NES definition applies.

3.4 The employer must ensure that copies of this award and of the NES are available to all employees to whom they apply,either on a notice board conveniently located at or near the workplace or through accessible electronic means.

4. Coverage

4.1 This industry award covers,to the exclusion of any other modern award:

4.2 In this award hair and beauty industry means carrying out or performing any of the following activities:

      (a) hair cutting,hair dressing,hair trimming,hair curling,hair waving,shampooing,hair working,hair dyeing;or

      (b) shaving,beard trimming,or

      (c) any other process or treatment of the hair,head or face carried out or performed in a hairdressing salon,including the sharpening or setting of razors;or

      (d) wig-making;or

      (e) facial or body waxing;or

      (f) face or head massaging;or

      (g) eyebrow waxing,eyebrow tinting,eyebrow arching,eyelash tinting;or

      (h) body hair removal including waxing chemical methods,electrolysis and laser hair removal;or

      (i) manicures,pedicures,nail enhancement and nail artistry techniques;or

      (j) make-up application,skin analysis,development of treatment plans,facial treatments including massage and other specialised treatments such as lymphatic drainage;or

      (k) high frequency body treatments including full body massage and other specialised treatments using machinery and other cosmetic applications and techniques;or

      (l) aromatherapy and the application of aromatic plant oils for beauty treatments;or

      (m) using various types of electrical equipment for both body and facial treatments.

4.3 This industry award also covers:

      (a) on-hire employees while working for a business in the hair and beauty industry (within a classification defined in Schedule A—Classification Structure and Definitions) and the on-hire employers of those employees;and

      (b) apprentices or trainees employed by a group training employer and hosted by an employer covered by this award to work in the hair and beauty industry (within a classification defined in Schedule A—Classification Structure and Definitions) at a location where the employees mentioned in clause 4.1(b) also perform work and the group training employers of those trainees.

4.4 However,this industry award does not cover employees who perform hair and beauty work in the general retailing,theatrical,amusement and entertainment industries.

4.5 This industry award also does not cover any of the following:

      (a) employees excluded from award coverage by the Act;or

      NOTE:See section 143(7) of the Act.

      (b) employees covered by a modern enterprise award or an enterprise instrument;or

      (c) employees covered by a State reference public sector modern award or a State reference public sector transitional award;or

      (d) employers in relation to employees mentioned in clauses 4.5(a),4.5(b) or 4.5(c).

4.6 If an employer is covered by more than one award,an employee of the employer is covered by the award containing the classification that is most appropriate to the work performed by the employee and the environment in which the employee normally performs the work.

      NOTE: An employee working in the hair and beauty industry who is not covered by this industry award may be covered by an award with occupational coverage.

5. Individual flexibility arrangements

5.1 Despite anything else in this award,an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:

      (a) arrangements for when work is performed;or

      (b) overtime rates;or

      (c) penalty rates;or

      (d) allowances;or

      (e) annual leave loading.

5.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.

5.3 An agreement may only be made after the individual employee has commenced employment with the employer.

5.4 An employer who wishes to initiate the making of an agreement must:

      (a) give the employee a written proposal;and

      (b) if the employer is aware that the employee has,or should reasonably be aware that the employee may have,limited understanding of written English,take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.

5.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.

5.6 An agreement must do all of the following:

      (a) state the names of the employer and the employee;and

      (b) identify the award term,or award terms,the application of which is to be varied;and

      (c) set out how the application of the award term,or each award term,is varied;and

      (d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made;and

      (e) state the date the agreement is to start.

5.7 An agreement must be:

      (a) in writing;and

      (b) signed by the employer and the employee and,if the employee is under 18 years of age,by the employee’s parent or guardian.

5.8 Except as provided in clause 5.7(b),an agreement must not require the approval or consent of a person other than the employer and the employee.

5.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.

5.10 The employer and the employee must genuinely agree,without duress or coercion to any variation of an award provided for by an agreement.

5.11 An agreement may be terminated:

      (a) at any time,by written agreement between the employer and the employee;or

      (b) by the employer or employee giving 13 weeks’written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013).

      NOTE: If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in section 144 of the Act then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see section 145 of the Act).

5.12 An agreement terminated as mentioned in clause 5.11(b) ceases to have effect at the end of the period of notice required under that clause.

5.13 The right to make an agreement under clause 5 is additional to,and does not affect,any other term of this award that provides for an agreement between an employer and an individual employee.

6. Requests for flexible working arrangements

6.1 Employee may request change in working arrangements

      Clause 6 applies where an employee has made a request for a change in working arrangements under section 65 of the Act.

      NOTE 1: Section 65 of the Act provides for certain employees to request a change in their working arrangements because of their circumstances,as set out in section 65(1A).

      NOTE 2: An employer may only refuse a section 65 request for a change in working arrangements on “reasonable business grounds”(see sections 65(5) and (5A)).

      NOTE 3: Clause 6 is an addition to section 65.

6.2 Responding to the request

      Before responding to a request made under section 65,the employer must discuss the request with the employee and genuinely try to reach agreement on a change in working arrangements that will reasonably accommodate the employee’s circumstances having regard to:

      (a) the needs of the employee arising from their circumstances;

      (b) the consequences for the employee if changes in working arrangements are not made;and

      (c) any reasonable business grounds for refusing the request.

      NOTE 1: The employer must give the employee a written response to an employee’s section 65 request within 21 days,stating whether the employer grants or refuses the request (see section 65(4)).

      NOTE 2: If the employer refuses the request,the written response must include details of the reasons for the refusal (see section 65(6)).

6.3 What the written response must include if the employer refuses the request

      Clause 6.3 applies if the employer refuses the request and has not reached an agreement with the employee under clause 6.2.

      (a) The written response under section 65(4) must include details of the reasons for the refusal,including the business ground or grounds for the refusal and how the ground or grounds apply.

      (b) If the employer and employee could not agree on a change in working arrangements under clause 6.2,the written response under section 65(4) must:

      (i) state whether or not there are any changes in working arrangements that the employer can offer the employee so as to better accommodate the employee’s circumstances;and

      (ii) if the employer can offer the employee such changes in working arrangements,set out those changes in working arrangements.

6.4 What the written response must include if a different change in working arrangements is agreed

      If the employer and the employee reached an agreement under clause 6.2 on a change in working arrangements that differs from that initially requested by the employee,the employer must provide the employee with a written response to their request setting out the agreed change(s) in working arrangements.

6.5 Dispute resolution

      Disputes about whether the employer has discussed the request with the employee and responded to the request in the way required by clause 6,can be dealt with under clause 32Dispute resolution.

7. Facilitative provisions

7.1 A facilitative provision allows for the standard approach in an award provision to be changed by agreement between an employer and an individual employee at the workplace.

7.2 The following clauses in this award contain facilitative provisions:

      Table 1—Facilitative provisions

    Clause

    Provision

    11.6

    Casual employment (payment arrangements)

    14.9

    Ordinary hours of work (working up to 10.5 ordinary hours on more than one day during a week)

    15.1(e)

    Rostering on a Sunday

    15.1(f)(ii)

    Consecutive days off (written request for different arrangements)

    16.1

    Breaks (duration of unpaid meal break)

    22.6

    Time off instead of payment for overtime

    23.3

    Rostered day off—payment for working

    24.4

    Annual leave in advance

    24.5

    Cashing out of annual leave

    29.2

    Substitution of public holidays

   

Part 2—Types of Employment and Classifications

8. Types of employment

9. Full-time employees

10. Part-time employees

11. Casual employees

12. Apprentices

13. Classifications

8. Types of employment

8.1 An employee covered by this award must be one of the following:

      (a) a full-time employee;or

      (b) a part-time employee;or

      (c) a casual employee.

8.2 At the time of engaging an employee,the employer must inform the employee of the terms of their engagement,including whether they are engaged as a full-time,part-time or casual employee.

8.3 Moving between types of employment

      (a) A full-time or casual employee can only become a part-time employee with the employee’s written consent.

      (b) Moving to part-time employment does not affect the continuity of any leave entitlements.

      (c) A full-time employee:

      (i) may request to become a part-time employee;and

      (ii) if that request is granted by the employer,may return to full-time employment at a future date agreed in writing with the employer.

9. Full-time employees

A full-time employee is an employee who is engaged to work an average of 38 ordinary hours per week over a period of no more than 4 weeks.

NOTE:See clause 14Ordinary hours of work for averaging terms.

10. Part-time employees

10.1 A part-time employee is an employee who:

      (a) works less than 38 ordinary hours per week;and

      (b) has reasonably predictable hours of work.

10.2 The minimum daily engagement for a part-time employee is 3 consecutive hours.

10.3 At the time of engaging a part-time employee,the employer and the employee must agree in writing on a regular pattern of work. That agreement must include at least all of the following:

      (a) the number of ordinary hours to be worked each day;and

      (b) the days of the week on which the employee will work;and

      (c) the times at which the employee will start and finish work each day;and

      (d) when meal breaks may be taken and their duration;and

      (e) that the daily engagement is a minimum of 3 consecutive hours;and

      (f) that any variation will be in writing,including by any electronic means of communication.

10.4 The employer and the employee may vary an agreement made under clause 10.3. Any variation must be recorded in writing before the variation occurs.

10.5 The employer must keep a copy of any agreement under clause 10.3,and any variation under clause 10.4,and give a copy to the employee.

10.6 A part-time employee must be paid in accordance with clause 17Minimum rates or clause 18Apprentice,trainee and graduate rates,as applicable.

      NOTE:Penalty rates applicable to part-time employees are set out in clause 23Penalty rates.

10.7 All time worked in excess of the number of ordinary hours agreed under clause 10.3,or varied under clause 10.4,is overtime and must be paid at the overtime rate in accordance with clause 22Overtime.

11. Casual employees

11.1 The ordinary hours of work for a casual employee,as defined in clause 2Definitions:

      (a) may be no more than 38 ordinary hours per week;or

      (b) where the employee works in accordance with a roster,may be no more than 38 ordinary hours per week averaged over the course of the roster cycle.

11.2 An employer must pay a casual employee for each ordinary hour worked between 7.00 am and 9.00 pm Monday to Friday:

11.3 An employer must pay a casual employee working ordinary hours outside the span of hours in clause 11.2 at the rates specified in clause 23.2Penalty rates.

11.4 An employer must pay a casual employee for working overtime as set out in clause 22.4 at the overtime rates specified in clause 22Overtime.

11.5 The minimum daily engagement for a casual employee is 3 consecutive hours.

11.6 An employer must pay a casual employee at the end of each engagement,unless the employer and the employee agree that the employee will be paid either weekly or fortnightly.

11.7 Offers and requests for casual conversion

      Offers and requests for conversion from casual employment to full-time or part-time employment are provided for in the NES. See sections 66A to 66M of the Act.

      NOTE:Disputes about offers and requests for casual conversion under the NES are to be dealt with under clause 32Dispute resolution.

12. Apprentices

12.1 An employer may engage apprentices.

12.2 Except as provided in clause 12 or whether otherwise stated,all conditions of employment specified in this award apply to apprentices.

12.3 An employer must pay an apprentice in accordance with clause 18Apprentice,trainee and graduate rates.

12.4 Except in an emergency,an apprentice must not work,or be required to work,overtime or shiftwork at any time that would prevent their attendance at training in accordance with their training agreement.

12.5 Training

      (a) An employer must release an apprentice from work to attend training or any assessment in accordance with their training agreement without loss of pay or continuity of employment.

      (b) Subject to Schedule E—School-based Apprentices,time spent by an apprentice in attending training or any assessment in accordance with their training agreement is to be regarded as time worked for the employer for the purpose of calculating the apprentice’s wages and determining the apprentice’s employment conditions.

      (c) An employer must either:

      (i) reimburse an apprentice for all fees paid by the apprentice themselves to a registered training organisation (RTO) for courses that the apprentice is required to attend,and all costs incurred by the apprentice in purchasing textbooks (not provided or otherwise made available by the employer) that the apprentice is required to study,for the purposes of the apprenticeship;or

      (ii) pay any training course fees and/or textbook costs directly to the RTO.

      (d) The employer must make any reimbursement required under clause 12.5(c)(i) by whichever of the following is the later:

      (i) within 6 months after starting the apprenticeship;or

      (ii) within 6 months after the relevant stage of the apprenticeship;or

      (iii) within 3 months after starting the training provided by the RTO.

      (e) Reimbursement under clause 12.5(c)(i) is subject to the employer being satisfied that the apprentice is making satisfactory progress in the apprenticeship.

12.6 Block release training

      (a) Clause 12.6 applies to an apprentice who is required to attend block release training in accordance with their training agreement.

      (b) If the training requires an overnight stay,the employer must pay for the reasonable travel costs incurred by the apprentice in travelling to and from the training.

      (c) The employer is not obliged to pay costs under clause 12.6(b) if the apprentice could have attended training at a closer venue and attending the more distant training had not been agreed between the employer and the apprentice.

      (d) Reasonable travel costs in clause 12.6(b) include:

      (i) the total cost of reasonable transportation (including transportation of tools,where required) to and from the training;and

      (ii) accommodation costs (where necessary);and

      (iii) reasonable expenses incurred while travelling,including for meals,which exceed those incurred in the normal course of travelling to and from the workplace.

      (e) Reasonable costs in clause 12.6(b) do not include payment for travelling time or expenses incurred while not travelling to and from the block release training.

      (f) The amount an employer must pay under clause 12.6(b) may be reduced by any amount that the apprentice has received,or was eligible to receive,for travel costs to attend block release training under a Government apprentice assistance scheme.

      (g) The employer may only make a reduction under clause 12.6(f) for an amount that an apprentice was eligible to receive,but did not receive,if the employer advised the apprentice in writing of the availability of the assistance and the apprentice choose not to seek it.

13. Classifications

13.1 An employer must classify an employee covered by this award in accordance with Schedule A—Classification Structure and Definitions.

      NOTE: The minimum rates applicable to the classifications in this award are in clause 17Minimum rates.

13.2 The classification by the employer must be based on the competencies that the employer requires the employee to have,and skills that the employer requires the employee to exercise,in order to carry out the principal functions of the employment.

13.3 Employers must notify employees in writing of their classification and of any change to it.

Part 3—Hours of Work

14. Ordinary hours of work

15. Rostering arrangements

16. Breaks

14. Ordinary hours of work

14.1 Clause 14 applies to full-time and part-time employees.

14.2 The ordinary hours of work for a full-time employee are an average of 38 ordinary hours per week worked in a period of no more than 4 weeks.

14.3 The ordinary hours of work for a part-time employee are as agreed under clause 10Part-time employees.

14.4 Ordinary hours may be worked by an employee within the following span of hours:

    Table 2—Span of ordinary hours

    Days

    Span of hours

    Monday to Friday,inclusive

    7.00 am –9.00 pm

    Saturday

    7.00 am –6.00 pm

    Sunday

    10.00 am –5.00 pm

14.5 A full-time employee can work an average of 38 ordinary hours per week in a period of no more than 4 weeks in one of the following ways:

      (a) 38 ordinary hours in one week;

      (b) 76 ordinary hours in 2 consecutive weeks;

      (c) 114 ordinary hours in 3 consecutive weeks;

      (d) 152 ordinary hours in 4 consecutive weeks.

14.6 Ordinary hours of work are continuous,except for rest breaks and meal breaks as specified in clause 16Breaks.

14.7 The maximum number of ordinary hours that can be worked on any day is 9 hours,except as provided by clauses 14.8 and 14.9.

14.8 An employer may roster an employee to work 10.5 ordinary hours on one day per week.

14.9 An employer and employee may agree in writing that the employer may roster the employee to work 10.5 ordinary hours on a second day during that week.

14.10 Clause 14 does not operate to limit or increase or in any way alter the trading hours of any employer as determined by any relevant State or Territory legislation.

15. Rostering arrangements

15.1 Rostering principles—all employees

      (a) A roster period cannot exceed 4 weeks.

      (b) Ordinary hours must not be worked on more than 5 days in each week,except as provided in clause 15.1(c).

      (c) Ordinary hours can only be worked on 6 days in one week if ordinary hours in the following week are worked on no more than 4 days.

      (d) Ordinary hours and any reasonable additional hours must not be worked over more than 6 consecutive days.

      (e) If an employee elects to work ordinary hours on a Sunday,then the employer must roster the employee so that they have at least one Sunday off every 4 weeks. The employer and the employee may agree to a different arrangement.

      (f) Consecutive days off

      (i) The employer must roster an employee to work ordinary hours so they have 2 consecutive days off per week or 3 consecutive days off per 2 week period.

      (ii) The employer and an individual employee can make different arrangements to those made in clause 15.1(f)(i) at the written request of the employee.

      (iii) The employer cannot make it a condition of employment that an employee make this type of request.

      (iv) The employer must keep a copy of the written request mentioned in clause 15.1(f)(ii) as a time and wages record.

      (v) The employee may terminate the agreement by giving 4 weeks’notice to the employer.

15.2 Rostering—full-time employees

      (a) The employer must provide a full-time employee with a written roster,which may be accessible by electronic means,at least 14 days in advance.

      (b) The roster must state all of the following for each employee:

      (i) the number of ordinary hours to be worked by them each week in that period;and

      (ii) the days of the week on which they will work;and

      (iii) the times at which they start and finish work each day.

      (c) An employer may change an employee’s roster at any time:

      (i) by mutual agreement between the employer and employee;or

      (ii) in an emergency,by giving the employee giving 48 hours’notice of the change.

      (d) An employer must not change the roster of an employee in order to avoid paying the employee any award entitlement applicable to the employee. If a roster is changed in those circumstances,then the employee will be entitled to the award entitlement as if the roster had not been changed.

      NOTE:The employer and employee may seek to resolve a dispute about a roster change in accordance with clause 32Dispute resolution.

15.3 Rostering—part-time employees

      (a) The employer must provide a part-time employee with a written roster,which may be accessible by electronic means,at least 14 days in advance.

      (b) The roster must state all of the following for each employee:

      (i) the number of ordinary hours to be worked by them each week in that period;and

      (ii) the days of the week on which they will work;and

      (iii) the times at which they start and finish work each day.

      (c) An employer must roster an employee to work on any shift for a minimum of 3 consecutive hours.

      (d) An employer may change an employee’s roster,but not the number of hours agreed under clause 10.3 or as varied under clause 10.4:

      (i) by giving the employee 7 days’written notice of the change;or

      (ii) in an emergency,by giving the employee 48 hours’notice of the change.

      (e) The employer must not change the employee’s roster from week to week or fortnight to fortnight.

      (f) An employer must not change the roster of an employee in order to avoid paying the employee any award entitlement applicable to the employee. If a roster is changed in those circumstances,then the employee will be entitled to the award entitlement as if the roster had not been changed.

      NOTE:The employer and employee may seek to resolve a dispute about a roster change in accordance with clause 32Dispute resolution.

16. Breaks

16.1 Employees are entitled to meal and rest breaks in the following circumstances:

      Table 3—Entitlements to meal and rest breaks

    Type of break

    Length of break (Monday to Sunday inclusive)

    Unpaid meal break

    Full-time,part-time and casual employees—after 5 hours of work

    One unpaid meal break of between 45 and 60 minutes

    The meal break can be shortened to 30 minutes by agreement between the employee and employer

    Paid rest break

    Full-time employees—per shift

    Two 10-minute paid rest breaks (one before and one after the unpaid meal break)

    Part-time employees—shifts of 4 or more hours but less than 7 hours

    One 10-minute paid rest break

    If a meal break is included in the work period then the paid rest break is to be taken in the longer work period or,if the work periods are of equal length,at a time agreed between the employer and employee

    Part-time and casual employees—shifts of 7 or more hours

    Two 10-minute paid rest breaks (one to be taken before the unpaid meal break and one after)

      NOTE: Rest breaks count as time worked. Meal breaks do not count as time worked.

16.2 Breaks between shifts

      An employee must have a minimum break of 12 hours between when the employee finishes work on one day and starts work on the next day.

Part 4—Wages and Allowances

17. Minimum rates

18. Apprentice,trainee and graduate rates

19. Payment of wages

20. Allowances

21. Superannuation

17. Minimum rates

17.1 Adult rates

      An employer must pay an adult employee (other than an apprentice),as defined in clause 2Definitions,the minimum rate applicable to the employee’s classification for ordinary hours of work as follows:

      Table 4—Minimum rates

    Classification

    Minimum weekly rate
    (full-time employees)

    Minimum hourly rate

     

    $

    $

    Hair and beauty employee level 1

    888.50

    23.38

    Hair and beauty employee level 2

    908.80

    23.92

    Hair and beauty employee level 3

    940.90

    24.76

    Hair and beauty employee level 4

    958.30

    25.22

    Hair and beauty employee level 5

    987.00

    25.97

    Hair and beauty employee level 6

    1022.20

    26.90

17.2 Junior rates

      An employer must pay a junior employee,as defined in clause 2Definitions,at least the minimum percentage of the adult rate applicable to the employee’s classification in clause 17.1 for ordinary hours of work as follows:

      Table 5—Junior rates

    Age

    % of applicable adult rate

    Under 16 years of age

    50

    16 years of age

    50

    17 years of age

    75

    18 years of age

    100

17.3 Supported wage system

17.4 National training wage

18. Apprentice,trainee and graduate rates

NOTE 1: See Schedule B—Summary of Hourly Rates of Pay for a summary of rates of pay for apprentices and trainees including overtime and penalty rates.

NOTE 2: The standard weekly rate is defined in clause 2Definitions as the minimum weekly rate for a hair and beauty employee level 3,set out in clause 17.1.

18.1 Minimum rates for hairdressing apprentices

      An employer must pay an apprentice completing a hairdressing apprenticeship as follows:

      (a) An apprentice who has not completed Year 12:

      Table 6—Hairdressing apprentice minimum rates—has not completed Year 12

      Has not completed Year 12

      Year of apprenticeship

      % of the standard weekly rate

      Minimum weekly rate

      Minimum hourly rate

       

      %

      $

      $

      1st year

      50

      470.45

      12.38

      2nd year

      60

      564.54

      14.86

      3rd year

      77

      724.49

      19.07

      4th year (if applicable)

      90

      846.81

      22.28

      (b) An apprentice who has completed Year 12:

      Table 7—Hairdressing apprentice minimum rates—has completed Year 12

      Has completed Year 12

      Year of apprenticeship

      % of the standard weekly rate

      Minimum weekly rate

      Minimum hourly rate

       

      %

      $

      $

      1st year

      55

      517.50

      13.62

      2nd year

      65

      611.59

      16.09

      3rd year

      77

      724.49

      19.07

      4th year (if applicable)

      90

      846.81

      22.28

18.2 Minimum rates for beauty therapy apprentices

      An employer must pay an apprentice completing a beauty therapy apprenticeship as follows:

      (a) An apprentice who has not completed Year 12:

      Table 8—Beauty therapy apprentice minimum rates—has not completed Year 12

      Has not completed Year 12

      Year of apprenticeship

      % of the standard weekly rate

      Minimum weekly rate

      Minimum hourly rate

       

      %

      $

      $

      1st year

      50

      470.45

      12.38

      2nd year

      60

      564.54

      14.86

      3rd year

      80

      752.72

      19.81

      4th year (if applicable)

      90

      846.81

      22.28

      (b) An apprentice who has completed Year 12:

      Table 9—Beauty therapy apprentice minimum rates—has completed Year 12

      Has completed Year 12

      Year of apprenticeship

      % of the standard weekly rate

      Minimum weekly rate

      Minimum hourly rate

       

      %

      $

      $

      1st year

      55

      517.50

      13.62

      2nd year

      65

      611.59

      16.09

      3rd year

      80

      752.72

      19.81

      4th year (if applicable)

      90

      846.81

      22.28

18.3 Minimum rates for pre-apprentices

      An employer must pay a pre-apprentice as follows:

      (a) A pre-apprentice who has not completed Year 12:

      Table 10—Pre-apprentice minimum rates—has not completed Year 12

      Has not completed Year 12

      Year of apprenticeship

      % of the standard weekly rate

      Minimum weekly rate

      Minimum hourly rate

       

      %

      $

      $

      1st 6 months

      50

      470.45

      12.38

      Next 6 months

      55

      517.50

      13.62

      Next 6 months

      60

      564.54

      14.86

      Next 12 months

      77

      724.49

      19.07

      (b) A pre-apprentice who has completed Year 12:

      Table 11—Pre-apprentice minimum rates—has completed Year 12

      Has completed Year 12

      Year of apprenticeship

      % of the standard weekly rate

      Minimum weekly rate

      Minimum hourly rate

       

      %

      $

      $

      1st 6 months

      55

      517.50

      13.62

      Next 6 months

      55

      517.50

      13.62

      Next 6 months

      65

      611.59

      16.09

      Next 12 months

      77

      724.49

      19.07

18.4 Minimum rates for adult apprentices

      NOTE: Adult apprentice is defined in clause 2Definitions.

      (a) An employer must pay an adult apprentice who is in the first year of their apprenticeship,and is not an existing employee,at least the greater of either:

      (i) 80% of the standard weekly rate;or

      (ii) the rate set out in clause 18.1,18.2 or 18.3,as applicable,for the first year of the apprenticeship.

      (b) An employer must pay an adult apprentice who is in the second or a subsequent year of their apprenticeship at least the greater of either:

      (i) the lowest rate in clause 17.1;

      (ii) the rate set out in clause 18.1,18.2 or 18.3,as applicable,for the relevant year of the apprenticeship.

      (c) Clause 18.4(d) applies to an employee who is employed by an employer under this award immediately before entering into a training agreement as an adult apprentice with that employer:

      (i) as a full-time employee for not less than 6 months;or

      (ii) as a part-time or regular casual employee for not less than 12 months.

      (d) The adult apprentice must continue to receive the minimum rate in clause 17Minimum rates that applies to the classification in which they were employed immediately before they entered into the training agreement.

18.5 School-based apprentices

18.6 Trainees and graduates

      An employer must pay full-time trainees and graduates at least as follows:

      Table 12—Trainee and graduate minimum rates

    Year of study

    % of the standard weekly rate

    Minimum weekly rate

    Minimum hourly rate

     

    %

    $

    $

    Hairdressing

       

    Full-time trainee—less than 1000 hours of full-time accredited training

    55

    517.50

    13.62

    Full-time trainee—at least 1000 hours but less than 2000 hours of full-time accredited training

    75

    705.68

    18.57

    Full-time graduate—first 12 months

    92.5

    870.33

    22.90

    Beauty therapy

       

    Full-time graduate—first 12 months

    92.5

    870.33

    22.90

19. Payment of wages

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

19.1 The employer may determine the pay period of an employee as being either weekly or fortnightly.

19.2 Wages paid for a pay period may be for the actual number of hours worked by the employee in the pay period or they may be averaged over a fortnight.

19.3 Payment on termination of employment

      (a) The employer must pay an employee no later than 7 days after the day on which the employee’s employment terminates:

      (i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of termination;and

      (ii) all other amounts that are due to the employee under this award and the NES.

      (b) The requirement to pay wages and other amounts under clause 19.3(a) is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

      NOTE 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid”to the employee payment instead of giving notice.

      NOTE 2: Clause 19.3(b) allows the Commission to make an order delaying the requirement to make a payment under clause 19.3. For example,the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.

      NOTE 3: State and Territory long service leave laws or long service leave entitlements under section 113 of the Act,may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.

20. Allowances

NOTE: Regulations 3.33(3) and 3.46(1)(g) of Fair Work Regulations 2009 set out the requirements for pay records and the content of payslips including the requirement to separately identify any allowance paid.

20.1 Employees are entitled to monetary allowances of the specified kinds in the specified circumstances set out in clause 20.

20.2 Manager’s allowance

      An employer must pay an employee who is in charge of a hair or beauty establishment for a full week an allowance of $47.05 for that week.

20.3 First aid allowance

      An employer must pay a first aid allowance of $12.23 per week to an employee who:

      (a) has an appropriate current first aid qualification;and

      (b) is appointed by the employer to perform first aid duty.

20.4 Broken Hill allowance

      The employer must pay an employee at a workplace within the County of Yancowinna in New South Wales (Broken Hill) an allowance of $40.27 per week. This allowance is in addition to all other payments.

20.5 Meal allowance

      (a) An employer must either pay a full-time or part-time employee a meal allowance of $20.14 or supply the employee with a meal if all of the following apply:

      (i) the employee is required to work overtime of more than one hour on any day after the time at which the employee ordinarily finishes work for the day;and

      (ii) the employee was not given at least 24 hours’notice of that overtime requirement;and

      (iii) the employee cannot reasonably return home for a meal in their meal break.

      (b) If the overtime mentioned in clause 20.5(a) is more than 4 hours,then the employer must pay the employee a further meal allowance of $20.14.

20.6 Motor vehicle allowance

      If an employer requests an employee to use their own motor vehicle in performing their duties,then the employer must pay the employee an allowance of $0.91 for each kilometre travelled in performing duties.

20.7 Special clothing allowance

      If an employer requires an employee to wear special clothing,such as a uniform or protective clothing,then the employer must:

      (a) supply the special clothing to the employee;or

      (b) pay for the special clothing;or

      (c) reimburse the employee for the costs of purchasing the special clothing and of replacing it as necessary because of normal wear and tear.

20.8 Tool allowance

      (a) If an employer requires an employee to provide and use their own tools (including,but not limited to,scissors and other cutting instruments),then the employer must pay the employee a tool allowance of $9.85 per week.

      (b) The employer must reimburse an employee for the cost of purchasing any electrical equipment that is necessary for carrying out their work and that is not supplied or paid for by the employer.

20.9 Travelling time reimbursement

      (a) If an employer requires a full-time or part-time employee to work on any day at a place other than their usual place of work,then the employer must:

      (i) pay the employee for any extra time reasonably spent travelling to and from work in excess of their normal travel times,as calculated under clause 20.9(b) at the rates set out in clause 20.9(c);and

      (ii) reimburse the employee for any fares reasonably incurred in excess of those normally incurred travelling to and from the employee’s residence and their usual place of work.

      (b) The employer must pay the amounts in clause 20.9(c) for the extra time the employee spends travelling:

      (i) both ways between the employee’s residence and the other place of work;or

      (ii) if the employer provides transport from a pick-up point,both ways between the employee’s residence and that pick-up point.

      (c) The employer must pay the employee for the travelling time calculated under clause 20.9(b):

      (i) on Monday to Saturday,at their minimum hourly rate;or

      (ii) on Sunday or a public holiday,at 150% of their minimum hourly rate of pay.

20.10 Transport of employee reimbursement

      (a) An employer must reimburse a full-time or part-time employee’s travel costs as calculated under clause 20.10(b) if all of the following apply:

      (i) the employee starts or finishes work on any day after 10.00 pm or before 7.00 am;and

      (ii) the employee’s regular means of transport is not available;and

      (iii) the employee is unable to arrange their own alternative transport;and

      (iv) the employer does not provide or arrange transport for the employee,at no cost to the employee.

      (b) The employer must reimburse the employee,as applicable,for any cost they reasonably incur in taking a commercial passenger vehicle:

      (i) from their usual place of residence to their place of work;or

      (ii) from their place of work to their usual place of residence.

      (c) Nothing in clause 20.10 prevents an employee from choosing to provide their own transport.

20.11 Excess travelling cost

      If an employer requires a full-time or part-time employee to move from one branch or shop to another for a period of up to 3 weeks,then the employer must reimburse the employee any additional costs they incur in travelling to and from those branches or shops.

20.12 Moving expenses

      (a) Clause 20.12 applies if an employer transfers an employee from one township to another.

      (b) The employer must pay the total cost (including fares and other transport charges) of moving the employee and any members of the employee’s immediate family,as defined in clause 2Definitions,who reside in the employee’s household.

21. Superannuation

21.1 Superannuation legislation

      (a) Superannuation legislation,including the Superannuation Guarantee (Administration) Act 1992 (Cth),the Superannuation Guarantee Charge Act 1992 (Cth),the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth),deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund,the superannuation fund nominated in the award covering the employee applies.

      (b) The rights and obligations in these clauses supplement those in superannuation legislation.

21.2 Employer contributions

      An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.

21.3 Voluntary employee contributions

      (a) Subject to the governing rules of the relevant superannuation fund,an employee may,in writing,authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 21.2.

      (b) An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months’written notice to their employer.

      (c) The employer must pay the amount authorised under clauses 21.3(a) or 21.3(b) no later than 28 days after the end of the month in which the deductions authorised under clauses 21.3(a) or 21.3(b) was made.

21.4 Superannuation fund

      Unless,to comply with superannuation legislation,the employer is required to make the superannuation contributions provided for in clause 21.2 to another superannuation fund that is chosen by the employee,the employer must make the superannuation contributions provided for in clause 21.2 and pay the amount authorised under clauses 21.3(a) or 21.3(b) to one of the following superannuation funds or its successor:

      (a) Retail Employees Superannuation Trust (REST);

      (b) CareSuper;

      (c) Hostplus;

      (d) Sunsuper;

      (e) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008,provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme;or

      (f) a superannuation fund or scheme which the employee is a defined benefit member of.

21.5 Absence from work

      Subject to the governing rules of the relevant superannuation fund,the employer must also make the superannuation contributions provided for in clause 21.2 and pay the amount authorised under clauses 21.3(a) or 21.3(b):

      (a) Paid leave—while the employee is on any paid leave.

      (b) Work-related illness or injury—for the period of absence from work (subject to a maximum of 52 weeks) of the employee due to work-related injury or work-related illness provided that:

      (i) the employee is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with statutory requirements;and

      (ii) the employee remains employed by the employer.

Part 5—Overtime and Penalty Rates

22. Overtime

23. Penalty rates

22. Overtime

22.1 Reasonable overtime

      (a) Subject to section 62 of the Act and clause 22.1,an employer may require an employee to work reasonable overtime hours at overtime rates.

      (b) An employee may refuse to work overtime hours if the hours are unreasonable.

      (c) In determining whether overtime hours are reasonable or unreasonable for the purpose of clause 22.1 the following must be taken into account:

      (i) any risk to employee’s health and safety from working the additional hours;

      (ii) the employee’s personal circumstances,including family responsibilities;

      (iii) the needs of the workplace or enterprise in which the employee is employed;

      (iv) whether the employee is entitled to receive overtime payments,penalty rates or other compensation for,or a level of remuneration that reflects an expectation of,working additional hours;

      (v) any notice given by the employer of any request or requirement to work the additional hours;

      (vi) any notice given by the employee of his or her intention to refuse to work the additional hours;

      (vii) the usual patterns of work in the industry,or the part of an industry,in which the employee works;

      (viii) the nature of the employee’s role,and the employee’s level of responsibility.

      (ix) whether the additional hours are in accordance with averaging terms of clause 14Ordinary hours of work inserted pursuant to section 63 of the Act,that applies to the employee;and

      (x) any other relevant matter.

22.2 Payment of overtime for full-time employees

      An employer must pay a full-time employee at the overtime rate in clause 22.5 for any hours worked at the direction of the employer as follows:

      (a) in excess of an average of 38 ordinary hours per week;

      (b) outside the span of ordinary hours specified in clause 14.4;or

      (c) in excess of the maximum daily ordinary hours specified in clauses 14.7 and 14.8.

22.3 Payment of overtime for part-time employees

      An employer must pay a part-time employee at the overtime rate in clause 22.5 for any hours worked at the direction of the employer as follows:

      (a) in excess of the number of ordinary hours agreed under clause 10.3 or as varied under clause 10.4;

      (b) outside the span of ordinary hours specified in clause 14.4;or

      (c) in excess of the maximum daily ordinary hours specified in clauses 14.7 and 14.8.

22.4 Payment of overtime for casual employees

      An employer must pay a casual employee at the overtime rate in clause 22.5 for any hours worked at the direction of the employer:

      (a) in excess of 38 ordinary hours per week or,if the casual employee works in accordance with a roster,in excess of 38 ordinary hours per week averaged over the course of the roster cycle;or

      (b) in excess of 10.5 ordinary hours per day.

22.5 Overtime rates

      An employer must pay an employee for overtime worked as set out in clauses 22.2,22.3 and 22.4 at the following rates:

      Table 13—Overtime rates

    For overtime worked:

    Full-time and part-time employees

    Casual employees

     

    % of minimum hourly rate

    % of minimum hourly rate

    Monday to Saturday—first 3 hours

    150

    175

    Monday to Saturday—after 3 hours

    200

    225

    Sunday—all overtime hours

    200

     

    –30 April 2022 to 30 December 2022

     

    210

    –31 December 2022 to 29 April 2023

     

    215

    –30 April 2023 to 30 December 2023

     

    220

    –From 31 December 2023

     

    225

    Public holiday—all overtime hours

    250

    250

    Rostered day off—all overtime hours

    200

      NOTE 1: The overtime rates for casual employees,except on public holidays,have been calculated by adding the casual loading specified in clause 11.2(b) to the overtime rates for full-time and part-time employees specified in clause 22.5,subject to a phased-in implementation for overtime worked on a Sunday.

      NOTE 2: Clause 23.3 sets out provisions relating to working on a rostered day off.

      NOTE 3: Schedule B—Summary of Hourly Rates of Pay sets out the hourly overtime rate for all employee classifications.

22.6 Time off instead of payment for overtime

      (a) An employee and employer may agree to the employee taking time off instead of being paid for a particular amount of overtime that has been worked by the employee.

      (b) The period of time off that an employee is entitled to take is equivalent to the overtime payment that would have been made.

      EXAMPLE:By making an agreement under clause 22.6 an employee who worked 2 overtime hours at 150% of the minimum hourly rate is entitled to 3 hours’time off.

      (c) Time off must be taken:

      (i) within the period of 6 months after the overtime is worked;and

      (ii) at a time or times within that period of 6 months agreed by the employee and employer.

      (d) If the employee requests at any time to be paid for overtime covered by an agreement under clause 22.6 but not taken as time off,the employer must pay the employee for the overtime,in the next pay period following the request,at the overtime rate applicable to the overtime when worked.

      (e) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 22.6(c),the employer must pay the employee for the overtime,in the next pay period following those 6 months,at the overtime rate applicable to the overtime when worked.

      (f) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make,or not make,an agreement to take time off instead of payment for overtime.

      (g) An employee may,under section 65 of the Act,request to take time off,at a time or times specified in the request or to be subsequently agreed by the employer and the employee,instead of being paid for overtime worked by the employee. If the employer agrees to the request,then clause 22.6 will apply for overtime that has been worked.

      NOTE: Clause 6Requests for flexible working arrangements contains additional provisions to section 65 of the Act relating to requests for flexible working arrangements. If an employee makes a request under section 65 of the Act for a change in working arrangements,the employer may only refuse that request on reasonable business grounds (see section 65(5) of the Act).

      (h) If,on the termination of the employee’s employment,time off for overtime worked by the employee to which clause 22.6 applies has not been taken,the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

      NOTE: Under section 345(1) of the Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 22.6.

23. Penalty rates

23.1 Full-time and part-time employees

      An employer must pay penalty rates to a full-time or part-time employee who works ordinary hours as follows:

      Table 14—Penalty rates—full-time and part-time employees

    For ordinary hours worked:

    Full-time and part-time employees

     

    % of minimum hourly rate

    Saturday—between 7.00 am and 6.00 pm

    133

    Sunday—between 10.00 am and 5.00 pm

    200

    Public holiday—any time of day

    250

    Rostered day off—any time of day

    200

23.2 Casual employees

      An employer must pay penalty rates to a casual employee who works ordinary hours as follows:

      Table 15—Penalty rates—casual employees

    For ordinary hours worked:

    Casual employees

     

    % of minimum hourly rate

    Monday to Friday—before 7.00 am and after 9.00 pm

    150

    Saturday—before 7.00 am and after 6.00 pm

    150

    Saturday—between 7.00 am and 6.00 pm

     

    –30 April 2022 to 30 December 2022

    143

    –31 December 2022 to 29 April 2023

    148

    –30 April 2023 to 30 December 2023

    153

    –From 31 December 2023

    158

    Sunday—any time of day

     

    –30 April 2022 to 30 December 2022

    210

    –31 December 2022 to 29 April 2023

    215

    –30 April 2023 to 30 December 2023

    220

    –From 31 December 2023

    225

    Public holiday—any time of day

    250

      NOTE 1: The penalty rates for casual employees who work ordinary hours on Saturday between 7.00 am and 6.00 pm and on Sunday at any time of day includes the casual loading specified in clause 11.2(b),subject to a phased-in implementation.

      NOTE 2: Schedule B—Summary of Hourly Rates of Pay sets out the hourly penalty rates for casual employees.

23.3 Rostered day off

      (a) Clause 23.3 applies if,by agreement in writing between the employer and employee,the employee works on a day that is their rostered day off.

      (b) The employer must pay the employee in accordance with clauses 22.5 and 23.1 for all hours worked on their rostered day off.

      (c) The employer must pay the employee for a minimum of 4 hours’work even if the employee is only required to work for a shorter time.

Part 6—Leave and Public Holidays

24. Annual leave

25. Personal/carer’s leave and compassionate leave

26. Parental leave and related entitlements

27. Community service leave

28. Unpaid family and domestic violence leave

29. Public holidays

24. Annual leave

NOTE: Where an employee is receiving over-award payments resulting in the employee’s base rate of pay being higher than the rate specified under this award,the employee is entitled to receive the higher rate while on a period of paid annual leave (see sections16 and 90 of the Act).

24.1 Annual leave is provided for in the NES. See sections 86 to 93 of the Act. It does not apply to casual employees.

24.2 Annual leave loading

      (a) In clause 24.2 a relevant weekend penalty amount is an applicable penalty rate prescribed by clause 23Penalty rates for working on weekends,less the minimum hourly rate.

      (b) During a period of accrued annual leave an employee will receive a loading calculated for the period of leave on the employee’s minimum hourly rate specified in clause 17Minimum rates or clause 18Apprentice,trainee and graduate rates,as applicable.

      (c) The loading for a period of leave will be the greater of the following 2 amounts:

      (i) 17.5% of the employee’s minimum hourly rate for all ordinary hours the employee would have worked if they were not on leave during the period;or

      (ii) the relevant weekend penalty amounts payable to the employee for all ordinary hours they would have worked on a weekend if they were not on leave during that period.

      NOTE: Section 90(2) of the Act contains provisions relating to an employee’s entitlement to payment for any untaken paid annual leave when employment ends.

24.3 Temporary close-down

      (a) If an employer intends to close down its operations at all or part of a workplace for a particular period (temporary close-down period),then the employer must give the affected employees at least 4 weeks’notice of a temporary close-down period.

      (b) The employer may require any affected employee to take a period of paid annual leave during a temporary close-down period.

24.4 Annual leave in advance

      (a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.

      (b) An agreement must:

      (i) state the amount of leave to be taken in advance and the date on which leave is to commence;and

      (ii) be signed by the employer and employee and,if the employee is under 18 years of age,by the employee’s parent or guardian.

      NOTE: An example of the type of agreement required by clause 24.4 is set out at Schedule F—Agreement to Take Annual Leave in Advance. There is no requirement to use the form of agreement set out at Schedule F—Agreement to Take Annual Leave in Advance.

      (c) The employer must keep a copy of any agreement under clause 24.4 as an employee record.

      (d) If,on the termination of the employee’s employment,the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 24.4,the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

24.5 Cashing out of annual leave

      (a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 24.5(c).

      (b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 24.5(c).

      (c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.

      (d) An agreement under clause 24.5(c) must state:

      (i) the amount of leave to be cashed out and the payment to be made to the employee for it;and

      (ii) the date on which the payment is to be made.

      (e) An agreement under clause 24.5(c) must be signed by the employer and employee and,if the employee is under 18 years of age,by the employee’s parent or guardian.

      (f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made. See clause 24.2.

      (g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.

      (h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.

      (i) The employer must keep a copy of any agreement under clause 24.5(c) as an employee record.

      NOTE 1:Under section 344 of the Act,an employer must not exert undue influence or undue pressure on an employee to make,or not make,an agreement under clause 24.5(c).

      NOTE 2:Under section 345(1) of the Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 24.5.

      NOTE 3:An example of the type of agreement required by clause 24.5(c) is set out at Schedule G—Agreement to Cash Out Annual Leave. There is no requirement to use the form of agreement set out at Schedule G—Agreement to Cash Out Annual Leave.

24.6 Excessive leave accruals:general provision

      NOTE: Clauses 24.6 to 24.8 contain provisions,additional to the NES,about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See sections 86 to 93 of the Act.

      (a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’paid annual leave.

      (b) If an employee has an excessive leave accrual,the employer or the employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual.

      (c) Clause 24.7 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

      (d) Clause 24.8 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

24.7 Excessive leave accruals:direction by employer that leave be taken

      (a) If an employer has genuinely tried to reach agreement with an employee under clause 24.6(b) but agreement is not reached (including because the employee refuses to confer),the employer may direct the employee in writing to take one or more periods of paid annual leave.

      (b) However,a direction by the employer under clause 24.7(a):

      (i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 24.6,24.7 or 24.8 or otherwise agreed by the employer and employee) are taken into account;and

      (ii) must not require the employee to take any period of paid annual leave of less than one week;and

      (iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks,or more than 12 months,after the direction is given;and

      (iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.

      (c) The employee must take paid annual leave in accordance with a direction under clause 24.7(a) that is in effect.

      (d) An employee to whom a direction has been given under clause 24.7(a) may request to take a period of paid annual leave as if the direction had not been given.

NOTE 1: Paid annual leave arising from a request mentioned in clause 24.7(d) may result in the direction ceasing to have effect. See clause 24.7(b)(i).

NOTE 2: Under section 88(2) of the Act,the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.

24.8 Excessive leave accruals:request by employee for leave

      (a) If an employee has genuinely tried to reach agreement with an employer under clause 24.6(b) but agreement is not reached (including because the employer refuses to confer),the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

      (b) However,an employee may only give a notice to the employer under clause 24.8(a) if:

      (i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice;and

      (ii) the employee has not been given a direction under clause 24.7(a) that,when any other paid annual leave arrangements (whether made under clauses 24.6,24.7 or 24.8 or otherwise agreed by the employer and employee) are taken into account,would eliminate the employee’s excessive leave accrual.

      (c) A notice given by an employee under clause 24.8(a) must not:

      (i) if granted,result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 24.6,24.7 or 24.8 or otherwise agreed by the employer and employee) are taken into account;or

      (ii) provide for the employee to take any period of paid annual leave of less than one week;or

      (iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks,or more than 12 months,after the notice is given;or

      (iv) be inconsistent with any leave arrangement agreed by the employer and employee.

      (d) An employee is not entitled to request by a notice under clause 24.8(a) more than 4 weeks’paid annual leave in any period of 12 months.

      (e) The employer must grant paid annual leave requested by a notice under clause 24.8(a).

25. Personal/carer’s leave and compassionate leave

Personal/carer’s leave and compassionate leave are provided for in the NES.

26. Parental leave and related entitlements

Parental leave and related entitlements are provided for in the NES.

27. Community service leave

Community service leave is provided for in the NES.

28. Unpaid family and domestic violence leave

Unpaid family and domestic violence leave is provided for in the NES.

NOTE 1: Information concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers should consult with such employees regarding the handling of this information.

NOTE 2: Depending upon the circumstances,evidence that would satisfy a reasonable person of the employee’s need to take family and domestic violence leave may include a document issued by the police service,a court or family violence support service,or a statutory declaration.

29. Public holidays

[Varied by PR747557]

29.1 Public holiday entitlements are provided for in the NES.

29.2 Substitution of public holidays by agreement

      (a) An employer and employee may agree to substitute another day as the public holiday for the public holiday under the NES.

      (b) An employer and employee may agree to substitute another part-day as the part-day public holiday for the part-day public holiday under the NES.

29.3 Payment for work on public holiday or substitute day

[29.3(a) varied by PR747557 ppc 14Nov22]

      (a) Subject to clause 29.3(b),an employer must pay an employee who works on a public holiday or part-day public holiday,or on a day or part-day that is substituted for a public holiday or part-day public holiday,at the public holiday penalty rate set out in clauses 22Overtime and 23Penalty rates.

[29.3(b) varied by PR747557 ppc 14Nov22]

      (b) Where an agreement to substitute a day or part-day under clause 29.2 has been made the following applies:

[29.3(b)(i) varied by PR747557 ppc 14Nov22]

      (i) if both days are worked,then the public holiday penalty rate applies on the day or part-day elected by the employee;

      (ii) if only the actual public holiday or part-day public holiday is worked,then the public holiday penalty rate applies;or

      (iii) if only the substitute public holiday or part-day public holiday is worked,then the public holiday penalty rate applies.

[Note deleted by PR747557 ppc 14Nov22]

Part 7—Consultation and Dispute Resolution

30. Consultation about major workplace change

31. Consultation about changes to rosters or hours of work

32. Dispute resolution

30. Consultation about major workplace change

30.1 If an employer makes a definite decision to make major changes in production,program,organisation,structure or technology that are likely to have significant effects on employees,the employer must:

      (a) give notice of the changes to all employees who may be affected by them and their representatives (if any);and

      (b) discuss with affected employees and their representatives (if any):

      (i) the introduction of the changes;and

      (ii) their likely effect on employees;and

      (iii) measures to avoid or reduce the adverse effects of the changes on employees;and

      (c) commence discussions as soon as practicable after a definite decision has been made.

30.2 For the purposes of the discussion under clause 30.1(b),the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:

      (a) their nature;and

      (b) their expected effect on employees;and

      (c) any other matters likely to affect employees.

30.3 Clause 30.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

30.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 30.1(b).

30.5 In clause 30 significant effects,on employees,includes any of the following:

      (a) termination of employment;or

      (b) major changes in the composition,operation or size of the employer’s workforce or in the skills required;or

      (c) loss of,or reduction in,job or promotion opportunities;or

      (d) loss of,or reduction in,job tenure;or

      (e) alteration of hours of work;or

      (f) the need for employees to be retrained or transferred to other work or locations;or

      (g) job restructuring.

30.6 Where this award makes provision for alteration of any of the matters defined at clause 30.5,such alteration is taken not to have significant effect.

31. Consultation about changes to rosters or hours of work

31.1 Clause 31 applies if an employer proposes to change the regular roster or ordinary hours of work of an employee,other than an employee whose working hours are irregular,sporadic or unpredictable.

31.2 The employer must consult with any employees affected by the proposed change and their representatives (if any).

31.3 For the purpose of the consultation,the employer must:

      (a) provide to the employees and representatives mentioned in clause 31.2 information about the proposed change (for example,information about the nature of the change and when it is to begin);and

      (b) invite the employees to give their views about the impact of the proposed change on them (including any impact on their family or caring responsibilities) and also invite their representative (if any) to give their views about that impact.

31.4 The employer must consider any views given under clause 31.3(b).

31.5 Clause 31 is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

32. Dispute resolution

32.1 Clause 32 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

32.2 The parties to the dispute must first try to resolve the dispute at the workplace through discussion between the employee or employees concerned and the relevant supervisor.

32.3 If the dispute is not resolved through discussion as mentioned in clause 32.2,the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management,as appropriate.

32.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 32.2 and 32.3,a party to the dispute may refer it to the Fair Work Commission.

32.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute,including mediation,conciliation and consent arbitration.

32.6 If the dispute remains unresolved,the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.

32.7 A party to the dispute may appoint a person,organisation or association to support and/or represent them in any discussion or process under clause 32.

32.8 While procedures are being followed under clause 32 in relation to a dispute:

      (a) work must continue in accordance with this award and the Act;and

      (b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work,whether at the same or another workplace,that is safe and appropriate for the employee to perform.

32.9 Clause 32.8 is subject to any applicable work health and safety legislation.

Part 8—Termination of Employment and Redundancy

33. Termination of employment

34. Redundancy

33. Termination of employment

NOTE: The NES sets out requirements for notice of termination by an employer. See sections 117 and 123 of the Act.

33.1 Notice of termination by an employee

      (a) Clause 33.1 applies to all employees except those identified in sections 123(1) and 123(3) of the Act.

      (b) An employee must give the employer notice of termination in accordance with Table 16—Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.

      Table 16—Period of notice

    Column 1

    Employee’s period of continuous service with the employer at the end of the day the notice is given

    Column 2

    Period of notice

    Not more than 1 year

    1 week

    More than 1 year but not more than 3 years

    2 weeks

    More than 3 years but not more than 5 years

    3 weeks

    More than 5 years

    4 weeks

      NOTE: The notice of termination required to be given by an employee is the same as that required of an employer,except that the employee does not have to give additional notice based on the age of the employee,if the employee is over 45 years and has completed at least 2 years’continuous service.

      (c) In clause 33.1(b) continuous service has the same meaning as in section 117 of the Act.

      (d) If an employee who is at least 18 years old does not give the period of notice required under clause 33.1(b),then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.

      (e) If the employer has agreed to a shorter period of notice than that required under clause 33.1(b),then no deduction can be made under clause 33.1(d).

      (f) Any deduction made under clause 33.1(d) must not be unreasonable in the circumstances.

33.2 Job search entitlement

      (a) Where an employer has given notice of termination to an employee,the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.

      (b) The time off under clause 33.2 is to be taken at times that are convenient to the employee after consultation with the employer.

34. Redundancy

NOTE: Redundancy pay is provided for in the NES. See sections 119–123 of the Act.

34.1 Transfer to lower paid duties on redundancy

      (a) Clause 34.1 applies if,because of redundancy,an employee is transferred to new duties to which a lower ordinary rate of pay applies.

      (b) The employer may:

      (i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer;or

      (ii) transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer,provided that the employer pays the employee as set out in clause 34.1(c).

      (c) If the employer acts as mentioned in clause 34.1(b)(ii),the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances,shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role,and the ordinary rate of pay (also inclusive of all-purpose allowances,shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.

34.2 Employee leaving during redundancy notice period

      (a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.

      (b) The employee is entitled to receive the benefits and payments they would have received under clause 34 or under sections 119–123 of the Act had they remained in employment until the expiry of the notice.

      (c) However,the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.

34.3 Job search entitlement

      (a) Where an employer has given notice of termination to an employee in circumstances of redundancy,the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.

      (b) If an employee is allowed time off without loss of pay of more than one day under clause 34.3(a),the employee must,at the request of the employer,produce proof of attendance at an interview.

      (c) A statutory declaration is sufficient for the purpose of clause 34.3(b).

      (d) An employee who fails to produce proof when required under clause 34.3(b) is not entitled to be paid for the time off.

      (e) This entitlement applies instead of clause 33.2.

   

Schedule A—Classification Structure and Definitions

A.1 Hair and beauty employee level 1 means a receptionist or salon assistant.

A.2 Hair and beauty employee level 2 means:

      (a) a make-up artist who holds a Certificate II in make-up services (or equivalent);

      (b) a nail technician who holds a Certificate II in Nail Technology (or equivalent);or

      (c) an unqualified beautician or cosmetologist.

A.3 Hair and beauty employee level 3 means:

      (a) a beautician who holds a Certificate III in Beauty Services (or equivalent);or

      (b) a hairdresser who holds a Certificate III in Hairdressing (or equivalent).

A.4 Hair and beauty employee level 4 means a beauty therapist who holds a Certificate IV in Beauty Therapy (or equivalent).

A.5 Hair and beauty employee level 5 means:

      (a) a hairdresser who holds a Certificate IV (or equivalent);or

      (b) a trichologist who is a hairdresser and holds a Certificate IV in Trichology (or equivalent).

A.6 Hair and beauty employee level 6 means a beauty therapist who holds a Diploma in Beauty Therapy (or equivalent).

Schedule B—Summary of Hourly Rates of Pay

See also Part 4—Wages and Allowances and Part 5—Overtime and Penalty Rates.

B.1 Full-time and part-time adult employees

B.1.1 Full-time and part-time adult employees—ordinary and penalty rates

     

    Monday to Friday between 7.00 am and 9.00 pm

    Saturday –between 7.00 am and 6.00 pm

    Sunday –between 10.00 am and 5.00 pm

    Public holiday –any time of day

    RDO –any time of day

     

    % of minimum hourly rate

     

    100%

    133%

    200%

    250%

    200%

     

    $

    $

    $

    $

    $

    Level 1

      23.38

      31.10

      46.76

      58.45

      46.76

    Level 2

      23.92

      31.81

      47.84

      59.80

      47.84

    Level 3

      24.76

      32.93

      49.52

      61.90

      49.52

    Level 4

      25.22

      33.54

      50.44

      63.05

      50.44

    Level 5

      25.97

      34.54

      51.94

      64.93

      51.94

    Level 6

      26.90

      35.78

      53.80

      67.25

      53.80

B.1.2 Full-time and part-time adult employees—overtime rates

     

    Monday to Saturday –first 3 hours

    Monday to Saturday –after 3 hours

    Sunday –all hours

    Public holiday –all hours

    RDO –all hours

     

    % of minimum hourly rate

     

    150%

    200%

    200%

    250%

    200%

     

    $

    $

    $

    $

    $

    Level 1

    35.07

    46.76

    46.76

    58.45

    46.76

    Level 2

    35.88

    47.84

    47.84

    59.80

    47.84

    Level 3

    37.14

    49.52

    49.52

    61.90

    49.52

    Level 4

    37.83

    50.44

    50.44

    63.05

    50.44

    Level 5

    38.96

    51.94

    51.94

    64.93

    51.94

    Level 6

    40.35

    53.80

    53.80

    67.25

    53.80

B.2 Casual adult employees

B.2.1 Casual adult employees—ordinary and penalty rates

     

    Monday to Friday –between 7.00 am and 9.00 pm

    Monday to Friday –before 7.00 am and after 9.00 pm

    Saturday –before 7.00 am and after 6.00 pm

    Saturday –between 7.00 am and 6.00 pm

    Sunday –any time of day

    Public holiday –any time of day

     

    % of minimum hourly rate

     

    125%

    150%

    150%

    143%

    210%

    250%

     

    $

    $

    $

    $

    $

    $

    Level 1

    29.23

    35.07

    35.07

    33.43

    49.10

    58.45

    Level 2

    29.90

    35.88

    35.88

    34.21

    50.23

    59.80

    Level 3

    30.95

    37.14

    37.14

    35.41

    52.00

    61.90

    Level 4

    31.53

    37.83

    37.83

    36.06

    52.96

    63.05

    Level 5

    32.46

    38.96

    38.96

    37.14

    54.54

    64.93

    Level 6

    33.63

    40.35

    40.35

    38.47

    56.49

    67.25

B.2.2 Casual adult employees—overtime rates

     

    Monday to Saturday –first 3 hours

    Monday to Saturday –after 3 hours

    Sunday –all hours

    Public holiday –all hours

     

    % of minimum hourly rate

     

    175%

    225%

    210%

    250%

     

    $

    $

    $

    $

    Level 1

    40.92

    52.61

    49.10

    58.45

    Level 2

    41.86

    53.82

    50.23

    59.80

    Level 3

    43.33

    55.71

    52.00

    61.90

    Level 4

    44.14

    56.75

    52.96

    63.05

    Level 5

    45.45

    58.43

    54.54

    64.93

    Level 6

    47.08

    60.53

    56.49

    67.25

B.3 Junior rates

B.3.1 The junior hourly rate is based on a percentage of the appropriate adult rate,as set out in clauses 17.1Adult rates and 17.2Junior rates. Adult rates apply from 18 years of age. See clause 2Definitions.

B.3.2 Full-time and part-time junior employees—ordinary and penalty rates

     

    Junior hourly rate –Monday to Friday between 7.00 am and 9.00 pm

    Saturday –between 7.00 am and 6.00 pm

    Sunday –between 10.00 am and 5.00 pm

    Public holiday –any time of day

    RDO –any time of day

     

    % of junior hourly rate

     

    100%

    133%

    200%

    250%

    200%

     

    $

    $

    $

    $

    $

    Level 1

         

    16 years or under

    11.69

    15.55

    23.38

    29.23

    23.38

    17 years

    17.54

    23.33

    35.08

    43.85

    35.08

    Level 2

         

    16 years or under

    11.96

    15.91

    23.92

    29.90

    23.92

    17 years

    17.94

    23.86

    35.88

    44.85

    35.88

    Level 3

         

    16 years or under

    12.38

    16.47

    24.76

    30.95

    24.76

    17 years

    18.57

    24.70

    37.14

    46.43

    37.14

    Level 4

         

    16 years or under

    12.61

    16.77

    25.22

    31.53

    25.22

    17 years

    18.92

    25.16

    37.84

    47.30

    37.84

    Level 5

         

    16 years or under

    12.99

    17.28

    25.98

    32.48

    25.98

    17 years

    19.48

    25.91

    38.96

    48.70

    38.96

    Level 6

         

    16 years or under

    13.45

    17.89

    26.90

    33.63

    26.90

    17 years

    20.18

    26.84

    40.36

    50.45

    40.36

B.3.3 Full-time and part-time junior employees—overtime rates

     

    Monday to Saturday –first 3 hours

    Monday to Saturday –after 3 hours

    Sunday –all hours

    Public holiday –all hours

    RDO –all hours

     

    % of junior hourly rate

     

    150%

    200%

    200%

    250%

    200%

     

    $

    $

    $

    $

    $

    Level 1

         

    16 years or under

    17.54

    23.38

    23.38

    29.23

    23.38

    17 years

    26.31

    35.08

    35.08

    43.85

    35.08

    Level 2

         

    16 years or under

    17.94

    23.92

    23.92

    29.90

    23.92

    17 years

    26.91

    35.88

    35.88

    44.85

    35.88

    Level 3

         

    16 years or under

    18.57

    24.76

    24.76

    30.95

    24.76

    17 years

    27.86

    37.14

    37.14

    46.43

    37.14

    Level 4

         

    16 years or under

    18.92

    25.22

    25.22

    31.53

    25.22

    17 years

    28.38

    37.84

    37.84

    47.30

    37.84

    Level 5

         

    16 years or under

    19.49

    25.98

    25.98

    32.48

    25.98

    17 years

    29.22

    38.96

    38.96

    48.70

    38.96

    Level 6

         

    16 years or under

    20.18

    26.90

    26.90

    33.63

    26.90

    17 years

    30.27

    40.36

    40.36

    50.45

    40.36

B.4 Casual junior employees

B.4.1 Casual junior employees—ordinary and penalty rates

     

    Junior hourly rate –Monday to Friday –between 7.00 am and 9.00 pm

    Monday to Friday –before 7.00 am and after 9.00 pm

    Saturday –before 7.00 am and after 6.00 pm

    Saturday –between 7.00 am and 6.00 pm

    Sunday –any time of day

    Public holiday –any time of day

     

    % of junior hourly rate

     

    125%

    150%

    150%

    143%

    210%

    250%

     

    $

    $

    $

    $

    $

    $

    Level 1

          

    16 years or under

    14.61

    17.54

    17.54

    16.72

    24.55

    29.23

    17 years

    21.93

    26.31

    26.31

    25.08

    36.83

    43.85

    Level 2

          

    16 years or under

    14.95

    17.94

    17.94

    17.10

    25.12

    29.90

    17 years

    22.43

    26.91

    26.91

    25.65

    37.67

    44.85

    Level 3

          

    16 years or under

    15.48

    18.57

    18.57

    17.70

    26.00

    30.95

    17 years

    23.21

    27.86

    27.86

    26.56

    39.00

    46.43

    Level 4

          

    16 years or under

    15.76

    18.92

    18.92

    18.03

    26.48

    31.53

    17 years

    23.65

    28.38

    28.38

    27.06

    39.73

    47.30

    Level 5

          

    16 years or under

    16.24

    19.49

    19.49

    18.58

    27.28

    32.48

    17 years

    24.35

    29.22

    29.22

    27.86

    40.91

    48.70

    Level 6

          

    16 years or under

    16.81

    20.18

    20.18

    19.23

    28.25

    33.63

    17 years

    25.23

    30.27

    30.27

    28.86

    42.38

    50.45

B.4.2 Casual junior employees—overtime rates

     

    Monday to Saturday –first 3 hours

    Monday to Saturday –after 3 hours

    Sunday –all hours

    Public holiday –all hours

     

    % of junior hourly rate

     

    175%

    225%

    210%

    250%

     

    $

    $

    $

    $

    Level 1

        

    16 years or under

    20.46

    26.30

    24.55

    29.23

    17 years

    30.70

    39.47

    36.83

    43.85

    Level 2

        

    16 years or under

    20.93

    26.91

    25.12

    29.90

    17 years

    31.40

    40.37

    37.67

    44.85

    Level 3

        

    16 years or under

    21.67

    27.86

    26.00

    30.95

    17 years

    32.50

    41.78

    39.00

    46.43

    Level 4

        

    16 years or under

    22.07

    28.37

    26.48

    31.53

    17 years

    33.11

    42.57

    39.73

    47.30

    Level 5

        

    16 years or under

    22.73

    29.23

    27.28

    32.48

    17 years

    34.09

    43.83

    40.91

    48.70

    Level 6

        

    16 years or under

    23.54

    30.26

    28.25

    33.63

    17 years

    35.32

    45.41

    42.38

    50.45

B.5 Apprentice and trainee rates

B.5.1 The apprentice hourly rate is based on a percentage of the standard weekly rate (Level 3 adult rate),as set out in clause 17Minimum rates.

B.5.2 The apprentice hourly rate for hairdressing and beauty therapy apprentices,trainees and graduates is calculated in accordance with clause 18Apprentice,trainee and graduate rates.

B.5.3 Hairdressing apprentices—ordinary and penalty rates

     

    Apprentice hourly rate –Monday to Friday between 7.00 am and 9.00 pm

    Saturday –between 7.00 am and 6.00 pm

    Sunday –between 10.00 am and 5.00 pm

    Public holiday –any time of day

    RDO –any time of day

     

    % of apprentice hourly rate

     

    100%

    133%

    200%

    250%

    200%

     

    $

    $

    $

    $

    $

    Have not completed year 12

         

    1st year

    12.38

    16.47

    24.76

    30.95

    24.76

    2nd year

    14.86

    19.76

    29.72

    37.15

    29.72

    3rd year

    19.07

    25.36

    38.14

    47.68

    38.14

    4th year (if applicable)

    22.28

    29.63

    44.56

    55.70

    44.56

    Have completed year 12

         

    1st year

    13.62

    18.11

    27.24

    34.05

    27.24

    2nd year

    16.09

    21.40

    32.18

    40.23

    32.18

    3rd year

    19.07

    25.36

    38.14

    47.68

    38.14

    4th year (if applicable)

    22.28

    29.63

    44.56

    55.70

    44.56

B.5.4 Hairdressing apprentices—overtime rates

     

    Monday to Saturday –first 3 hours

    Monday to Saturday –after 3 hours

    Sunday –all hours

    Public holiday –all hours

    RDO –all hours

     

    % of apprentice hourly rate

     

    150%

    200%

    200%

    250%

    200%

     

    $

    $

    $

    $

    $

    Have not completed year 12

         

    1st year

    18.57

    24.76

    24.76

    30.95

    24.76

    2nd year

    22.29

    29.72

    29.72

    37.15

    29.72

    3rd year

    28.61

    38.14

    38.14

    47.68

    38.14

    4th year (if applicable)

    33.42

    44.56

    44.56

    55.70

    44.56

    Have completed year 12

         

    1st year

    20.43

    27.24

    27.24

    34.05

    27.24

    2nd year

    24.14

    32.18

    32.18

    40.23

    32.18

    3rd year

    28.61

    38.14

    38.14

    47.68

    38.14

    4th year (if applicable)

    33.42

    44.56

    44.56

    55.70

    44.56

B.5.5 Beauty therapy apprentices—ordinary and penalty rates

     

    Apprentice hourly rate –Monday to Friday between 7.00 am and 9.00 pm

    Saturday –between 7.00 am and 6.00 pm

    Sunday –between 10.00 am and 5.00 pm

    Public holiday –any time of day

    RDO –any time of day

     

    % of apprentice hourly rate

     

    100%

    133%

    200%

    250%

    200%

     

    $

    $

    $

    $

    $

    Have not completed year 12

         

    1st year

    12.38

    16.47

    24.76

    30.95

    24.76

    2nd year

    14.86

    19.76

    29.72

    37.15

    29.72

    3rd year

    19.81

    26.35

    39.62

    49.53

    39.62

    4th year (if applicable)

    22.28

    29.63

    44.56

    55.70

    44.56

    Have completed year 12

         

    1st year

    13.62

    18.11

    27.24

    34.05

    27.24

    2nd year

    16.09

    21.40

    32.18

    40.23

    32.18

    3rd year

    19.81

    26.35

    39.62

    49.53

    39.62

    4th year (if applicable)

    22.28

    29.63

    44.56

    55.70

    44.56

B.5.6 Beauty therapy apprentices—overtime rates

     

    Monday to Saturday –first 3 hours

    Monday to Saturday –after 3 hours

    Sunday –all hours

    Public holiday –all hours

    RDO –all hours

     

    % of apprentice hourly rate

     

    150%

    200%

    200%

    250%

    200%

     

    $

    $

    $

    $

    $

    Have not completed year 12

         

    1st year

    18.57

    24.76

    24.76

    30.95

    24.76

    2nd year

    22.29

    29.72

    29.72

    37.15

    29.72

    3rd year

    29.72

    39.62

    39.62

    49.53

    39.62

    4th year (if applicable)

    33.42

    44.56

    44.56

    55.70

    44.56

    Have completed year 12

         

    1st year

    20.43

    27.24

    27.24

    34.05

    27.24

    2nd year

    24.14

    32.18

    32.18

    40.23

    32.18

    3rd year

    29.72

    39.62

    39.62

    49.53

    39.62

    4th year (if applicable)

    33.42

    44.56

    44.56

    55.70

    44.56

B.5.7 Pre-apprentices—ordinary and penalty rates

     

    Apprentice hourly rate –Monday to Friday between 7.00 am and 9.00 pm

    Saturday –between 7.00 am and 6.00 pm

    Sunday –between 10.00 am and 5.00 pm

    Public holiday –any time of day

    RDO –any time of day

     

    % of apprentice hourly rate

     

    100%

    133%

    200%

    250%

    200%

     

    $

    $

    $

    $

    $

    Have not completed year 12

         

    First 6 months

    12.38

    16.47

    24.76

    30.95

    24.76

    Next 6 months

    13.62

    18.11

    27.24

    34.05

    27.24

    Next 6 months

    14.86

    19.76

    29.72

    37.15

    29.72

    Next 12 months

    19.07

    25.36

    38.14

    47.68

    38.14

    Have completed year 12

         

    First 6 months

    13.62

    18.11

    27.24

    34.05

    27.24

    Next 6 months

    13.62

    18.11

    27.24

    34.05

    27.24

    Next 6 months

    16.09

    21.40

    32.18

    40.23

    32.18

    Next 12 months

    19.07

    25.36

    38.14

    47.68

    38.14

B.5.8 Pre-apprentices—overtime rates

     

    Monday to Saturday –first 3 hours

    Monday to Saturday –after 3 hours

    Sunday –all hours

    Public holiday –all hours

    RDO –all hours

     

    % of apprentice hourly rate

     

    150%

    200%

    200%

    250%

    200%

     

    $

    $

    $

    $

    $

    Have not completed year 12

         

    First 6 months

    18.57

    24.76

    24.76

    30.95

    24.76

    Next 6 months

    20.43

    27.24

    27.24

    34.05

    27.24

    Next 6 months

    22.29

    29.72

    29.72

    37.15

    29.72

    Next 12 months

    28.61

    38.14

    38.14

    47.68

    38.14

    Have completed year 12

         

    First 6 months

    20.43

    27.24

    27.24

    34.05

    27.24

    Next 6 months

    20.43

    27.24

    27.24

    34.05

    27.24

    Next 6 months

    24.14

    32.18

    32.18

    40.23

    32.18

    Next 12 months

    28.61

    38.14

    38.14

    47.68

    38.14

B.5.9 Full-time trainees and graduates—ordinary and penalty rates

     

    Apprentice hourly rate –Monday to Friday between 7.00 am and 9.00 pm

    Saturday –between 7.00 am and 6.00 pm

    Sunday –between 10.00 am and 5.00 pm

    Public holiday –any time of day

    RDO –any time of day

     

    % of apprentice hourly rate

     

    100%

    133%

    200%

    250%

    200%

     

    $

    $

    $

    $

    $

    Hairdressing

         

    Less than 1000 hours of full-time accredited training

    13.62

    18.11

    27.24

    34.05

    27.24

    At least 1000 hours but less than 2000 hours of full-time accredited training

    18.57

    24.70

    37.14

    46.43

    37.14

    Hairdressing Graduate (first 12 months)

    22.90

    30.46

    45.80

    57.25

    45.80

    Beauty therapy

         

    Beauty Therapy Graduate (first 12 months)

    22.90

    30.46

    45.80

    57.25

    45.80

B.5.10 Full-time trainees and graduates—overtime rates

     

    Monday to Saturday –first 3 hours

    Monday to Saturday –after 3 hours

    Sunday –all hours

    Public holiday –all hours

    RDO –all hours

     

    % of apprentice hourly rate

     
     

    150%

    200%

    200%

    250%

    200%

     

    $

    $

    $

    $

    $

    Hairdressing

         

    Less than 1000 hours of full-time accredited training

    20.43

    27.24

    27.24

    34.05

    27.24

    At least 1000 hours but less than 2000 hours of full-time accredited training

    27.86

    37.14

    37.14

    46.43

    37.14

    Hairdressing Graduate (first 12 months)

    34.35

    45.80

    45.80

    57.25

    45.80

    Beauty therapy

         

    Beauty Therapy Graduate (first 12 months)

    34.35

    45.80

    45.80

    57.25

    45.80

   

Schedule C—Summary of Monetary Allowances

See clause 20Allowances for full details of allowances payable under this award.

C.1 Wage-related allowances

C.1.1 The following wage-related allowances are based on the standard weekly rate,defined in clause 2Definitions as the minimum weekly rate for a hair and beauty employee level 3 in clause 17Minimum rates ($940.90).

    Allowance

    Clause

    % of standard weekly rate

    $

    Payable

    Manager's allowance

    20.2

    5.0

    47.05

    per week

    First aid allowance

    20.3

    1.3

    12.23

    per week

    Broken Hill allowance

    20.4

    4.28

    40.27

    per week

C.1.2 Adjustment of wage-related allowances

      Wage-related allowances are adjusted in accordance with increases to wages and are based on a percentage of the standard weekly rate as specified.

C.2 Expense-related allowances

C.2.1 The following expense-related allowances will be payable to employees in accordance with clause 20Allowances:

    Allowance

    Clause

    $

    Payable

    Meal allowance—more than one hour’s overtime without 24 hours’notice

    20.5(a)

    20.14

    per occasion

    Meal allowance—if more than 4 hours’overtime without 24 hours’notice—further allowance

    20.5(b)

    20.14

    per occasion

    Motor vehicle allowance

    20.6

    0.91

    per km

    Tool allowance

    20.8(a)

    9.85

    per week

C.2.2 Adjustment of expense-related allowances

      (a) At the time of any adjustment to the standard weekly rate,each expense-related allowance must be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.

      (b) The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0),as follows:

    Allowance

    Applicable Consumer Price Index figure

    Meal allowance

    Take away and fast foods sub-group

    Motor vehicle allowance

    Private motoring sub-group

    Tool allowance

    Tools and equipment for house and garden component of household appliances,utensils and tools sub-group

   

Schedule D—Supported Wage System

D.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.

D.2 In this schedule:

      approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system

      assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system

      disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth),as amended from time to time,or any successor to that scheme

      relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged

      supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability,as documented in the Supported Wage System Handbook. The Handbook is available from the following website:www.jobaccess.gov.au.

      SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate

D.3 Eligibility criteria

D.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award,because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.

D.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.

D.4 Supported wage rates

D.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:

    Assessed capacity (clause D.5)

    Relevant minimum wage

    %

    %

    10

    10

    20

    20

    30

    30

    40

    40

    50

    50

    60

    60

    70

    70

    80

    80

    90

    90

D.4.2 Provided that the minimum amount payable must be not less than $95 per week.

D.4.3 Where an employee’s assessed capacity is 10%,they must receive a high degree of assistance and support.

D.5 Assessment of capacity

D.5.1 For the purpose of establishing the percentage of the relevant minimum wage,the productive capacity of the employee will be assessed in accordance with the SWS by an approved assessor,having consulted the employer and employee and,if the employee so desires,a union which the employee is eligible to join.

D.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement and retained by the employer as a time and wages record in accordance with the Act.

D.6 Lodgement of SWS wage assessment agreement

D.6.1 All SWS wage assessment agreements under the conditions of this schedule,including the appropriate percentage of the relevant minimum wage to be paid to the employee,must be lodged by the employer with the Fair Work Commission.

D.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment,the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.

D.7 Review of assessment

      The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the SWS.

D.8 Other terms and conditions of employment

      Where an assessment has been made,the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro-rata basis.

D.9 Workplace adjustment

      An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties,working time arrangements and work organisation in consultation with other workers in the area.

D.10 Trial period

D.10.1 In order for an adequate assessment of the employee’s capacity to be made,an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks,except that in some cases additional work adjustment time (not exceeding 4 weeks) may be needed.

D.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.

D.10.3 The minimum amount payable to the employee during the trial period must be no less than $95 per week.

D.10.4 Work trials should include induction or training as appropriate to the job being trialled.

D.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period,a further contract of employment will be entered into based on the outcome of assessment under clause D.5.

Schedule E—School-based Apprentices

E.1 In this Schedule:

E.1.1 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;and

E.1.2 school-based apprentice is a person who is undertaking an apprenticeship in accordance with this schedule while also undertaking a course of secondary education.

E.2 A school-based apprenticeship may be undertaken in the trades covered by this award under a training agreement for an apprentice declared or recognised by the relevant State or Territory authority.

E.3 The relevant minimum hourly rates for full-time junior and adult apprentices provided for in this award apply to school-based apprentices for total hours worked,including time taken to be spent in off-the-job training.

E.4 Where an apprentice is a full-time school student,the time spent in off-the-job training,for which the apprentice must be paid,is 25% of the actual hours worked each week on-the-job. The wages paid for time spent in training may be averaged over the semester or year.

E.5 A school-based apprentice must 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.

E.6 The duration of the apprenticeship must be as specified in the training agreement for each apprentice but must not exceed 6 years.

E.7 School-based apprentices progress through the relevant wage scale at the rate of 12 months’progression for each 2 years of employment as an apprentice or at the rate of competency-based progression if provided for in this award.

E.8 The apprentice wage scales are based on a standard full-time apprenticeship of 4 years (unless the apprenticeship is of 3 years’duration) or stages of competency-based progression (if provided for in this award).

      NOTE: 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.

E.9 If an apprentice converts from school-based to full-time,the successful completion of competencies (if provided for in this award) and all time spent as a full-time apprentice will count for the purposes of progression through the relevant wage scale in addition to the progression achieved as a school-based apprentice.

E.10 School-based apprentices are entitled to all of the other conditions in this award on a pro-rata basis.   

Schedule F—Agreement to Take Annual Leave in Advance

Link to PDF copy of Agreement to Take Annual Leave in Advance.

Name of employee:_____________________________________________

Name of employer:_____________________________________________

The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:

The amount of leave to be taken in advance is:____ hours/days

The leave in advance will commence on:___/___/20___

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

[If the employee is under 18 years of age - include:]

I agree that:

if,on termination of the employee’s employment,the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement,then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

   

Schedule G—Agreement to Cash Out Annual Leave

Link to PDF copy of Agreement to Cash Out Annual Leave.

Name of employee:_____________________________________________

Name of employer:_____________________________________________

The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:

The amount of leave to be cashed out is:____ hours/days

The payment to be made to the employee for the leave is:$_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)

The payment will be made to the employee on:___/___/20___

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

Include if the employee is under 18 years of age:

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

[Schedule H—Part-day Public Holidays deleted by PR747557 ppc 14Nov22]

About this document
(1)
Code:
MA000005
Title:
Hair and Beauty Industry Award 2020
Effective:
14 Nov 2022
Updated:
16 Nov 2022
Instrument Type:
Modern Award
(65)
Hair and Beauty Industry Award 2020
Hair and Beauty Industry Award 2020
Hair and Beauty Industry Award 2020
Hair and Beauty Industry Award 2020
Hair and Beauty Industry Award 2020
Hair and Beauty Industry Award 2020
Hair and Beauty Industry Award 2020
Hair and Beauty Industry Award 2020
Hair and Beauty Industry Award 2020
Hair and Beauty Industry Award 2020
Hair and Beauty Industry Award 2020
Hair and Beauty Industry Award 2020
Hair and Beauty Industry Award 2020
Hair and Beauty Industry Award 2020
Hair and Beauty Industry Award 2020
Hair and Beauty Industry Award 2020
Hair and Beauty Industry Award 2020
Hair and Beauty Industry Award 2020
Hair and Beauty Industry Award 2020
Hair and Beauty Industry Award 2020
Hair and Beauty Industry Award 2020
Hair and Beauty Industry Award 2020
Hair and Beauty Industry Award 2020
Hair and Beauty Industry Award 2020
Hair and Beauty Industry Award 2020
Hair and Beauty Industry Award 2020
Hair and Beauty Industry Award 2020
Hair and Beauty Industry Award 2020
Hair and Beauty Industry Award 2020
Hair and Beauty Industry Award 2020
Hair and Beauty Industry Award 2020
Hair and Beauty Industry Award 2020
Hair and Beauty Industry Award 2020
Hair and Beauty Industry Award 2020
Hair and Beauty Industry Award 2020
Hair and Beauty Industry Award 2020
Hair and Beauty Industry Award 2020
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1.0.11.0 SC