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Hair and Beauty Industry Award 2020

 

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 1 July 2024 (PR773889, PR774051, PR774058 and PR774705).

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

2—Definitions

17—Minimum rates

18—Apprentice, trainee and graduate rates

20—Allowances

Part 7—Workplace Delegates, Consultation and Dispute Resolution

29A—Workplace delegates’ rights

Schedule B—Summary of Hourly Rates of Pay

Schedule C—Summary of Monetary Allowances

Schedule D—Supported Wage System

 

Table of Contents

[Varied by PR747557, PR750475, PR774705]

Part 1— Application and Operation of this Award. 4

1. Title and commencement 4

2. Definitions. 4

3. The National Employment Standards and this award. 6

4. Coverage. 7

5. Individual flexibility arrangements. 9

6. Requests for flexible working arrangements. 11

7. Facilitative provisions. 11

Part 2— Types of Employment and Classifications. 12

8. Types of employment 12

9. Full-time employees. 13

10. Part-time employees. 13

11. Casual employees. 14

12. Apprentices. 15

13. Classifications. 17

Part 3— Hours of Work. 17

14. Ordinary hours of work. 17

15. Rostering arrangements. 18

16. Breaks. 20

Part 4— Wages and Allowances. 21

17. Minimum rates. 21

18. Apprentice, trainee and graduate rates. 23

19. Payment of wages. 28

20. Allowances. 29

21. Superannuation. 33

Part 5— Overtime and Penalty Rates. 35

22. Overtime. 35

23. Penalty rates. 39

Part 6— Leave and Public Holidays. 40

24. Annual leave. 40

25. Personal/carer’s leave and compassionate leave. 46

26. Parental leave and related entitlements. 46

27. Community service leave. 46

28. Family and domestic violence leave. 46

29. Public holidays. 47

Part 7— Workplace Delegates, Consultation and Dispute Resolution. 48

29A. Workplace delegates’ rights. 48

30. Consultation about major workplace change. 51

31. Consultation about changes to rosters or hours of work. 52

32. Dispute resolution. 53

Part 8— Termination of Employment and Redundancy. 54

33. Termination of employment 54

34. Redundancy. 55

Schedule A —Classification Structure and Definitions. 58

Schedule B —Summary of Hourly Rates of Pay. 59

Schedule C —Summary of Monetary Allowances. 75

Schedule D —Supported Wage System.. 77

Schedule E —School-based Apprentices. 81

Schedule F —Agreement to Take Annual Leave in Advance. 83

Schedule G —Agreement to Cash Out Annual Leave. 85


Part 1—Application and Operation of this Award

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

[Varied by PR750754, PR774705]

In this award:

Act means the Fair Work Act 2009 (Cth).

adult apprentice means an apprentice who is 21 years of age or over at the start of their apprenticeship.

adult employee means an employee who is 18 years of age or over.

casual employee has the meaning given by section 15A of the Act.

defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth).

employee means a national system employee as defined by section 13 of the Act. See also section 30C and 30M of the Act.

[Definition of employee organisation inserted by PR774705 from 01Jul24]

employee organisation has the meaning given by section 12 of Act.

employer means a national system employer as defined by section 14 of the Act. See also section 30C and 30M of the Act.

[Definition of enterprise inserted by PR774705 from 01Jul24]

enterprise has the meaning given by section 12 of the Act.

enterprise instrument has the meaning given by subitem 2(1) of Schedule 6 to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth).

exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).

Fair Work Regulations means the Fair Work Regulations 2009 (Cth).

hair and beauty industry is defined in clause 4.2.

immediate family has the meaning given by section 12 of the Act.

junior employee means an employee who is under 18 years of age.

minimum hourly rate means the minimum hourly rate specified in clause 17—Minimum rates or clause 18—Apprentice, trainee and graduate rates, as applicable.

MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth).

NES means the National Employment Standards as contained in sections 59 to 131 of the Act.

on-hire means the on-hire of an employee by their employer to a client, where the employee works under the general guidance and instruction of the client or a representative of the client.

regular casual employee has the meaning given by section 12 of the Act.

[Definition of small business employer inserted by PR774705 from 01Jul24]

small business employer has the meaning given by section 23 of the Act.

[‘Standard weekly rate’ renamed as ‘standard rate’ by PR750754 ppc 15Mar23]

standard rate means the minimum weekly rate for a hair and beauty employee level 3 in Table 4—Minimum rates.

State reference public sector modern award has the meaning given by subitem 3(2) of Schedule 6A to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth).

State reference public sector transitional award has the meaning given by subitem 2(1) of Schedule 6A to the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth).

Table 1—Facilitative provisions means the Table in clause 7.2.

Table 2—Span of ordinary hours means the Table in clause 14.4.

Table 3—Entitlements to meal and rest breaks means the Table in clause 16.1.

Table 4—Minimum rates means the Table in clause 17.1.

Table 5—Junior rates means the Table in clause 17.2.

Table 6—Hairdressing apprentice minimum rates—has not completed Year 12 means the Table in clause 18.1(a).

Table 7—Hairdressing apprentice minimum rates—has completed Year 12 means the Table in clause 18.1(b).

Table 8—Beauty therapy apprentice minimum rates—has not completed Year 12 means the Table in clause 18.2(a).

Table 9—Beauty therapy apprentice minimum rates—has completed Year 12 means the Table in clause 18.2(b).

Table 10—Pre-apprentice minimum rates—has not completed Year 12 means the Table in clause 18.3(a).

Table 11—Pre-apprentice minimum rates—has completed Year 12 means the Table in clause 18.3(b).

Table 12—Trainee and graduate minimum rates means the Table in clause 18.6.

Table 13—Overtime rates means the Table in clause 22.5.

Table 14—Penalty rates—full-time and part-time employees means the Table in clause 23.1.

Table 15—Penalty rates—casual employees means the Table in clause 23.2.

Table 16—Period of notice means the Table in clause 33.1(b).

training agreement means the apprenticeship training arrangement relevant to the State and Territory apprenticeship legislation that has been entered into by an apprentice and an employer.

[Definition of workplace delegate inserted by PR774705 from 01Jul24]

workplace delegate has the meaning given by section 350C(1) of the Act.

3.                      The National Employment Standards and this award

[Varied by PR750475]

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);

[3.2(e) varied by PR750475 ppc 01Mar23]

(e)          personal/carer's leave, compassionate leave and paid 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:

(a)          employers in the hair and beauty industry throughout Australia; and

(b)         employees within a classification defined in Schedule A—Classification Structure and Definitions of employers mentioned in clause 4.1(a).

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 substituted by PR763335 ppc 01Aug23]

Requests for flexible working arrangements are provided for in the NES.

NOTE: Disputes about requests for flexible working arrangements may be dealt with under clause 32—Dispute resolution and/or under section 65B of the Act.

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

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 23—Penalty 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:

(a)          the minimum hourly rate in clause 17Minimum rates or clause 18—Apprentice, trainee and graduate rates, as applicable, for the classification in which they are employed; plus

(b)         a loading of 25% of the minimum hourly rate.

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 32—Dispute 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

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 32—Dispute 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 32—Dispute 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

[Varied by PR762113, PR767877, PR773889]

17.1               Adult rates

[17.1 varied by PR762113, PR773889 ppc 01Jul24]

An employer must pay an adult employee (other than an apprentice), as defined in clause 2—Definitions, 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

974.80

25.65

Hair and beauty employee level 2

997.10

26.24

Hair and beauty employee level 3

1032.30

27.17

Hair and beauty employee level 4

1051.40

27.67

Hair and beauty employee level 5

1082.90

28.50

Hair and beauty employee level 6

1121.50

29.51

NOTE 1: Provisions for calculating rates for casual employees are at clause 11—Casual employees.

NOTE 2: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates of pay for adult employees including casual, overtime, and penalty rates.

17.2               Junior rates

[17.2 varied by PR767877 ppc 31Dec23]

An employer must pay a junior employee, as defined in clause 2—Definitions, 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 17 years

50

17 years of age

75

18 years of age

100

NOTE: See Schedule B—Summary of Hourly Rates of Pay for a summary of hourly rates of pay for junior employees including casual, overtime and penalty rates.

17.3               Supported wage system

For employees who because of the effects of a disability are eligible for a supported wage, see Schedule D—Supported Wage System.

17.4               National training wage

(a)          Schedule E to the Miscellaneous Award 2020 sets out minimum rates and conditions for employees undertaking traineeships.

[17.4(b) varied by PR762113, PR773889 ppc 01Jul24]

(b)         This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 July 2024. For that purpose, any reference to “this award” in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Hair and Beauty Industry Award 2020 and not to the Miscellaneous Award 2020.

18.                 Apprentice, trainee and graduate rates

[Varied by PR750754, PR762113, PR773889]

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 varied by PR750754 ppc 15Mar23]

NOTE 2: The standard rate is defined in clause 2—Definitions 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:

[18.1(a) varied by PR750754, PR762113, PR773889 ppc 01Jul24]

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

Has not completed Year 12

Year of apprenticeship

% of the standard rate

Minimum weekly rate

Minimum hourly rate

 

%

$

$

1st year

50

516.15

13.58

2nd year

60

619.38

16.30

3rd year

77

794.87

20.92

4th year (if applicable)

90

929.07

24.45

(b)         An apprentice who has completed Year 12:

[18.1(b) varied by PR750754, PR762113, PR773889 ppc 01Jul24]

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

Has completed Year 12

Year of apprenticeship

% of the standard rate

Minimum weekly rate

Minimum hourly rate

 

%

$

$

1st year

55

567.77

14.94

2nd year

65

671.00

17.66

3rd year

77

794.87

20.92

4th year (if applicable)

90

929.07

24.45

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:

[18.2(a) varied by PR750754, PR762113, PR773889 ppc 01Jul24]

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

Has not completed Year 12

Year of apprenticeship

% of the standard rate

Minimum weekly rate

Minimum hourly rate

 

%

$

$

1st year

50

516.15

13.58

2nd year

60

619.38

16.30

3rd year

80

825.84

21.73

4th year (if applicable)

90

929.07

24.45

(b)         An apprentice who has completed Year 12:

[18.2(b) varied by PR750754, PR762113, PR773889 ppc 01Jul24]

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

Has completed Year 12

Year of apprenticeship

% of the standard rate

Minimum weekly rate

Minimum hourly rate

 

%

$

$

1st year

55

567.77

14.94

2nd year

65

671.00

17.66

3rd year

80

825.84

21.73

4th year (if applicable)

90

929.07

24.45

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:

[18.3(a) varied by PR750754, PR762113, PR773889 ppc 01Jul24]

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

Has not completed Year 12

Year of apprenticeship

% of the standard rate

Minimum weekly rate

Minimum hourly rate

 

%

$

$

1st 6 months

50

516.15

13.58

Next 6 months

55

567.77

14.94

Next 6 months

60

619.38

16.30

Next 12 months

77

794.87

20.92

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

[18.3(b) varied by PR750754, PR762113, PR773889 ppc 01Jul24]

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

Has completed Year 12

Year of apprenticeship

% of the standard rate

Minimum weekly rate

Minimum hourly rate

 

%

$

$

1st 6 months

55

567.77

14.94

Next 6 months

55

567.77

14.94

Next 6 months

65

671.00

17.66

Next 12 months

77

794.87

20.92

18.4               Minimum rates for adult apprentices

NOTE: Adult apprentice is defined in clause 2—Definitions.

(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:

[18.4(a)(i) varied by PR750754 ppc 15Mar23]

(i)            80% of the standard 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 17—Minimum rates that applies to the classification in which they were employed immediately before they entered into the training agreement.

18.5               School-based apprentices

For employees undertaking an apprenticeship in accordance with clause 12—Apprentices while also undertaking a course of secondary education, see Schedule E—School-based Apprentices.

18.6               Trainees and graduates

[18.6 varied by PR750754, PR762113, PR773889 ppc 01Jul24]

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 rate

Minimum weekly rate

Minimum hourly rate

 

%

$

$

Hairdressing

 

 

 

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

55

567.77

14.94

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

75

774.23

20.37

Full-time graduate—first 12 months

92.5

954.88

25.13

Beauty therapy

 

 

 

Full-time graduate—first 12 months

92.5

954.88

25.13

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

[Varied by PR762113, PR762271, PR773889, PR774058]

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.

NOTE: Schedule C—Summary of Monetary Allowances contains a summary of monetary allowances and methods of adjustment.

20.2               Manager’s allowance

[20.2 varied by PR762113, PR773889 ppc 01Jul24]

An employer must pay an employee who is in charge of a hair or beauty establishment for a full week an allowance of $51.62 for that week.

20.3               First aid allowance

[20.3 varied by PR762113, PR773889 ppc 01Jul24]

An employer must pay a first aid allowance of $13.42 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

[20.4 varied by PR762113, PR773889 ppc 01Jul24]

The employer must pay an employee at a workplace within the County of Yancowinna in New South Wales (Broken Hill) an allowance of $44.18 per week. This allowance is in addition to all other payments.

20.5               Meal allowance

[20.5(a) varied by PR762271, PR774058 ppc 01Jul24]

(a)          An employer must either pay a full-time or part-time employee a meal allowance of $23.14 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.

[20.5(b) varied by PR762271, PR774058 ppc 01Jul24]

(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 $23.14.

20.6               Motor vehicle allowance

[20.6 varied by PR762271, PR774058 ppc 01Jul24]

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 $0.98 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

[20.8(a) varied by PR762271, PR774058 ppc 01Jul24]

(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 $10.52 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 2—Definitions, who reside in the employee’s household.

21.                 Superannuation

[Varied by PR771243]

21.1               Superannuation legislation

[21.1 substituted by PR771243 ppc 09Apr24]

(a)          The NES and 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), deal with the superannuation rights and obligations of employers and employees.

(b)         The rights and obligations in clause 21 supplement those in superannuation legislation and the NES.

NOTE: Under superannuation legislation:

(a) Individual employees generally have the opportunity to choose their own superannuation fund.

(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.

(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.

(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.

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

[21.4 varied by PR771243 ppc 09Apr24]

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, the employer must make the superannuation contributions provided for in clause 21.2 and pay any amount authorised under clauses 21.3(a) or 21.3(b) to one of the following superannuation funds or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries:

(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

[Varied by PR763335, PR767877]

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 14—Ordinary 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

[22.5 varied by PR767877 ppc 31Dec23]

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

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 substituted by PR763335 ppc 01Aug23]

NOTE: 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 65A(3) 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

[Varied by PR767877]

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

NOTE: Schedule B—Summary of Hourly Rates of Pay sets out the hourly penalty rates for full-time and part-time employees.

23.2               Casual employees

[23.2 varied by PR767877 ppc 31Dec23]

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

158

Sunday—any time of day

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

[Varied by PR751032]

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 23—Penalty 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 17—Minimum rates or clause 18—Apprentice, 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               Direction to take annual leave during shutdown

[24.3 renamed and substituted by PR751032 ppc 01May23]

(a)          Clause 24.3 applies if an employer:

(i)            intends to shut down all or part of its operation for a particular period (temporary shutdown period); and

(ii)          wishes to require affected employees to take paid annual leave during that period.

(b)         The employer must give the affected employees 28 days’ written notice of a temporary shutdown period, or any shorter period agreed between the employer and the majority of relevant employees.

(c)          The employer must give written notice of a temporary shutdown period to any employee who is engaged after the notice is given under clause 24.3(b) and who will be affected by that period, as soon as reasonably practicable after the employee is engaged.

(d)         The employer may direct the employee to take a period of paid annual leave to which the employee has accrued an entitlement during a temporary shutdown period.

(e)          A direction by the employer under clause 24.3(d):

(i)            must be in writing; and

(ii)          must be reasonable.

(f)           The employee must take paid annual leave in accordance with a direction under clause 24.3(d).

(g)          In respect of any part of a temporary shutdown period which is not the subject of a direction under clause 24.3(d), an employer and employee may agree, in writing, for the employee to take leave without pay during that part of the temporary shutdown.

(h)         An employee may take annual leave in advance during a temporary shutdown period in accordance with an agreement under clause 24.4.

(i)            In determining the amount of paid annual leave to which an employee has accrued an entitlement, any period of paid annual leave taken in advance by the employee, in accordance with an agreement under clause 24.4, to which an entitlement has not been accrued, is to be taken into account.

(j)           Clauses 24.6 to 24.8 do not apply to a period of annual leave that an employee is required to take during a temporary shutdown period in accordance with clause 24.3.

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

[26 varied by PR763335 ppc 01Aug23]

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

NOTE: Disputes about requests for extensions to unpaid parental leave may be dealt with under clause 32—Dispute resolution and/or under section 76B of the Act.

27.                 Community service leave

Community service leave is provided for in the NES.

28.                 Family and domestic violence leave

[28—Unpaid family and domestic violence leave renamed and substituted by PR750475 ppc 15Mar23]

Family and domestic violence leave is provided for in the NES.

NOTE 1: Information provided to employers concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers are subject to confidentiality requirements regarding the handling of this information under section 106C of the Act and requirements as to what can be reported on payslips pursuant to regulations 3.47 and 3.48 of the Fair Work Regulations.

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 22—Overtime and 23—Penalty 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—Workplace Delegates, Consultation and Dispute Resolution

[Part 7—Consultation and Dispute Resolution renamed by PR774705 from 01Jul24]

29A. Workplace delegates’ rights

[29A inserted by PR774705 from 01Jul24]

29A.1 Clause 29A provides for the exercise of the rights of workplace delegates set out in section 350C of the Act.

NOTE: Under section 350C(4) of the Act, the employer is taken to have afforded a workplace delegate the rights mentioned in section 350C(3) if the employer has complied with clause 29A.

29A.2 In clause 29A:

(a)          employer means the employer of the workplace delegate;

(b)         delegate’s organisation means the employee organisation in accordance with the rules of which the workplace delegate was appointed or elected; and

(c)          eligible employees means members and persons eligible to be members of the delegate’s organisation who are employed by the employer in the enterprise.

29A.3 Before exercising entitlements under clause 29A, a workplace delegate must give the employer written notice of their appointment or election as a workplace delegate. If requested, the workplace delegate must provide the employer with evidence that would satisfy a reasonable person of their appointment or election.

29A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.

29A.5 Right of representation

A workplace delegate may represent the industrial interests of eligible employees who wish to be represented by the workplace delegate in matters including:

(a)          consultation about major workplace change;

(b)         consultation about changes to rosters or hours of work;

(c)          resolution of disputes;

(d)         disciplinary processes;

(e)          enterprise bargaining where the workplace delegate has been appointed as a bargaining representative under section 176 of the Act or is assisting the delegate’s organisation with enterprise bargaining; and

(f)           any process or procedure within an award, enterprise agreement or policy of the employer under which eligible employees are entitled to be represented and which concerns their industrial interests.

29A.6 Entitlement to reasonable communication

(a)          A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 29A.5. This includes discussing membership of the delegate’s organisation and representation with eligible employees.

(b)         A workplace delegate may communicate with eligible employees during working hours or work breaks, or before or after work.

29A.7 Entitlement to reasonable access to the workplace and workplace facilities

(a) The employer must provide a workplace delegate with access to or use of the following workplace facilities:

(i)            a room or area to hold discussions that is fit for purpose, private and accessible by the workplace delegate and eligible employees;

(ii)          a physical or electronic noticeboard;

(iii)        electronic means of communication ordinarily used in the workplace by the employer to communicate with eligible employees and by eligible employees to communicate with each other, including access to Wi-Fi;

(iv)        a lockable filing cabinet or other secure document storage area; and

(v)          office facilities and equipment including printers, scanners and photocopiers.

(b) The employer is not required to provide access to or use of a workplace facility under clause 29A.7(a) if:

(i)            the workplace does not have the facility;

(ii)          due to operational requirements, it is impractical to provide access to or use of the facility at the time or in the manner it is sought; or

(iii)        the employer does not have access to the facility at the enterprise and is unable to obtain access after taking reasonable steps.

29A.8 Entitlement to reasonable access to training

Unless the employer is a small business employer, the employer must provide a workplace delegate with access to up to 5 days of paid time during normal working hours for initial training and at least one day each subsequent year, to attend training related to representation of the industrial interests of eligible employees, subject to the following conditions:

(a)          In each year commencing 1 July, the employer is not required to provide access to paid time for training to more than one workplace delegate per 50 eligible employees.

(b)         The number of eligible employees will be determined on the day a delegate requests paid time to attend training, as the number of eligible employees who are:

(i)            full-time or part-time employees; or

(ii)          regular casual employees.

(c)          Payment for a day of paid time during normal working hours is payment of the amount the workplace delegate would have been paid for the hours the workplace delegate would have been rostered or required to work on that day if the delegate had not been absent from work to attend the training.

(d)         The workplace delegate must give the employer not less than 5 weeks’ notice (unless the employer and delegate agree to a shorter period of notice) of the dates, subject matter, the daily start and finish times of the training, and the name of the training provider.

(e)          If requested by the employer, the workplace delegate must provide the employer with an outline of the training content.

(f)           The employer must advise the workplace delegate not less than 2 weeks from the day on which the training is scheduled to commence, whether the workplace delegate’s access to paid time during normal working hours to attend the training has been approved. Such approval must not be unreasonably withheld.

(g)          The workplace delegate must, within 7 days after the day on which the training ends, provide the employer with evidence that would satisfy a reasonable person of their attendance at the training.

29A.9 Exercise of entitlements under clause 29A

(a)          A workplace delegate’s entitlements under clause 29A are subject to the conditions that the workplace delegate must, when exercising those entitlements:

(i)            comply with their duties and obligations as an employee;

(ii)          comply with the reasonable policies and procedures of the employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;

(iii)        not hinder, obstruct or prevent the normal performance of work; and

(iv)        not hinder, obstruct or prevent eligible employees exercising their rights to freedom of association.

(b)         Clause 29A does not require the employer to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.

(c)          Clause 29A does not require an eligible employee to be represented by a workplace delegate without the employee’s agreement.

NOTE: Under section 350A of the Act, the employer must not:

(a) unreasonably fail or refuse to deal with a workplace delegate; or

(b) knowingly or recklessly make a false or misleading representation to a workplace delegate; or

(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Act or clause 29A.

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

[Varied by PR763335]

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.

[Note 1 inserted by PR763335 ppc 01Aug23]

NOTE 1: In addition to clause 32, a dispute resolution procedure for disputes regarding the NES entitlement to request flexible working arrangements is contained in section 65B of the Act.

[Note 2 inserted by PR763335 ppc 01Aug23]

NOTE 2: In addition to clause 32, a dispute resolution procedure for disputes regarding the NES entitlement to request an extension to unpaid parental leave is contained in section 76B of the Act.

Part 8—Termination of Employment and 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 AClassification 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 BSummary of Hourly Rates of Pay

[Varied by PR749064, PR750754, PR761190, PR762113, PR767877, PR773889]

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

[B.1.1 varied by PR762113, PR773889 ppc 01Jul24]

 

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

25.65

34.11

51.30

64.13

51.30

Level 2

26.24

34.90

52.48

65.60

52.48

Level 3

27.17

36.14

54.34

67.93

54.34

Level 4

27.67

36.80

55.34

69.18

55.34

Level 5

28.50

37.91

57.00

71.25

57.00

Level 6

29.51

39.25

59.02

73.78

59.02

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

[B.1.2 varied by PR762113, PR773889 ppc 01Jul24]

 

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

38.48

51.30

51.30

64.13

51.30

Level 2

39.36

52.48

52.48

65.60

52.48

Level 3

40.76

54.34

54.34

67.93

54.34

Level 4

41.51

55.34

55.34

69.18

55.34

Level 5

42.75

57.00

57.00

71.25

57.00

Level 6

44.27

59.02

59.02

73.78

59.02

B.2                Casual adult employees

B.2.1            Casual adult employees—ordinary and penalty rates

[B.2.1 varied by PR749064, PR761190, PR762113, PR767877 ppc 31Dec23, PR773889 01Jul24]

 

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%

158%

225%

250%

 

$

$

$

$

$

$

Level 1

32.06

38.48

38.48

40.53

57.71

64.13

Level 2

32.80

39.36

39.36

41.46

59.04

65.60

Level 3

33.96

40.76

40.76

42.93

61.13

67.93

Level 4

34.59

41.51

41.51

43.72

62.26

69.18

Level 5

35.63

42.75

42.75

45.03

64.13

71.25

Level 6

36.89

44.27

44.27

46.63

66.40

73.78

B.2.2            Casual adult employees—overtime rates

[B.2.2 varied by PR749064, PR761190, PR762113, PR767877 ppc 31Dec23, PR773889 01Jul24]

 

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%

225%

250%

 

$

$

$

$

Level 1

44.89

57.71

57.71

64.13

Level 2

45.92

59.04

59.04

65.60

Level 3

47.55

61.13

61.13

67.93

Level 4

48.42

62.26

62.26

69.18

Level 5

49.88

64.13

64.13

71.25

Level 6