Application by Stanley Abbott trading as Abbott’s Barber
Justice Hatcher
Not yet cited by other cases
Applicant: Stanley Abbott trading as Abbott's Barber
Ratio
Application to vary the Hair and Beauty Industry Award 2020 under s160 to correct an error in clause B.2.1 regarding casual penalty rates for Saturday work. The identified anomaly is that the penalty rate for ordinary hours between 7am–6pm on Saturday is higher than for hours outside that span, because the latter does not include the 25% casual loading. The matter is in preliminary stages with a research paper published and parties invited to submit.
Outcome
Resolved
other
Authority signal
Not yet cited by other cases
Signal-weighted score: 0.0
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Key facts · 5
- Application filed 26 June 2025 by Stanley Abbott trading as Abbott's Barber
- Alleged anomaly in penalty rate structure: casual penalty rate for ordinary hours 7am–6pm Saturday higher than for hours before 7am or after 6pm on Saturday
- Error identified: casual loading not included in penalty rate for hours outside 7am–6pm span
- Directions hearing held 14 October 2025
- Research paper prepared by FWC staff examining history of the anomaly
Factors
For
- Clear anomaly identified in award clause structure
- Research paper confirms casual loading omission creates illogical penalty rate hierarchy
Against
Legislation referenced
- Fair Work Act 2009 (Cth) s160
- Hair and Beauty Industry Award 2020 [MA000005] clause 23.2, clause B.2.1, Schedule B
Concept tags · 4
Archived text (350 words)
1 Fair Work Act 2009 s 160—Variation of modern award to remove ambiguity or uncertainty or correct error Application by Stanley Abbott trading as Abbott’s Barber (AM2025/15) HAIR AND BEAUTY INDUSTRY AWARD 2020 [MA000005] Hair and beauty industry JUSTICE HATCHER SYDNEY, 24 NOVEMBER 2025 Application to vary a modern award to remove ambiguity or uncertainty or correct error – Hair and Beauty Industry Award 2020 – Clause 23.2 and Schedule B.2.1– Casual Penalty Rates – error or anomaly in the clause – publication of research paper. [1] An application was made by Stanley Abbott trading as Abbott’s Barber on 26 June 2025 to vary clause B.2.1 of Schedule B of the Hair and Beauty Industry Award 20201 (the award)2 to remove a potential anomaly or error identified where the penalty rate for ordinary hours worked by a casual employee between 7am and 6pm on a Saturday is higher than the penalty rate for hours worked by a casual employee outside of the span of ordinary hours, before 7am and after 6pm, on a Saturday. [2] At a Directions hearing on 14 October 2025, I indicated that research regarding the potential anomaly or error prepared by staff of the Commission would be published, and parties would be given 21 days to make submissions in response.3 [3] A research paper which examines the history of the potential error or anomaly identified in clause 23.2 and clause B.2.1 of the award is published with this Statement. That research paper indicates that the error or anomaly has arisen because the penalty rate for ordinary hours worked by a casual outside the span of 7am and 6pm on a Saturday does not include the 25% casual loading. [2025] FWC 3510 STATEMENT [2025] FWC 3510 2 [4] Interested parties are invited to file submissions in response to the research paper. Submissions must be sent to awards@fwc.gov.au by 12.00 pm (AEDT) on Friday, 12 December 2025. PRESIDENT Printed by authority of the Commonwealth Government Printer <PR794019> 1 MA000005. 2 Application by Stanley John Abbott t/a Abbott’s Barber, 26 June 2025. 3 Transcript - 14 October 2025, [16].