WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION. Industrial Relations Act 1979. The West Australian Hairdressers' and Wigmakers' Employees' Union of Workers and The Master Ladies Hairdressers' Industrial Union of Employers of W.A. and Others. No. 64 of 1993. Hairdressers Award 1989 No. A 32 of 1988. SENIOR COMMISSIONER G.G. HALLIWELL. 10 February 1993. Order. HAVING heard Mr J. Bullock on behalf of the Applicant and Ms C. Brown on behalf of the Respondents, and by consent, the Commission, pursuant to the powers conferred on it under the Industrial Relations Act 1979 hereby orders— That the Hairdressers Award 1989 be varied in accordance with the following Schedule and that such variation shall have effect from the beginning of the first pay period commencing on or after the 1st day of March, 1993. (Sgd.) G.G. HALLIWELL, [L.S.] Senior Commissioner. Schedule. 1. Clause 2.—Arrangement: Delete this clause and insert in lieu the following: 2.—Arrangement 1. Title 1A. State Wage Principles 2. Arrangement 3. Area and Scope 4. Term 5. Definitions 6. Hours 7. Display of Rosters 8. Overtime 9. Holidays 10. Annual Leave 11. Wages 12. Engagement 13. Registration 14. Sick Pay 15. Meal Times and Break Periods 16. Meal Money 17. Time and Wages Record 18. Breakdowns 19. Posting of Award 20. Staff Room 21. Long Service Leave 22. Tools of Trade 23. Premiums 24. Proportion 25. Under Rate Employees 26. Board of Reference 27. Uniforms 28. Compassionate Leave 29. Superannuation 30. Payment of Wages 31. Location Allowances 32. First Aid Allowance 33. Enterprise Bargaining 34. Consultative Procedures First Schedule—Respondents 2. Clause 2A.—State Wage Principles—September 1988: Delete this clause. 3. Clause 3.—Area and Scope: Delete the words "Clause 9.—Wages" and insert in lieu the following words "Clause 11.—Wages". 4. Clause 5.—^Definitions: (a) Delete the words "Clause 10.—Engagement" in subclause (4) of this clause and insert in lieu the following words "Clause 12.—Engagement". (b) Delete the words "Clause 22.—Under Rate Employees" in subclause (7) of this clause and insert in lieu the following words "Clause 25.—Under Rate Employees". 5. Clause 6.—Hours: (a) Delete the second paragraph of subclause (1) of this clause and insert in lieu the following: The ordinary hours of work and any meal interval prescribed by this award shall be rostered as a continuous period on any day. (b) Renumber subclauses (3) and (4) as subclauses (4) and (5) and insert a new subclause (3) as follows: (3) No employee shall be rostered to work more than 11 and one half ordinary hours on the day of late night trading or more than 9 and one half ordinary hours on any other day, Monday to Saturday. (c) Delete the words "Clause 8.—Holidays and Annual Leave" from the renumbered subclause (4) of this clause and insert in lieu the following words "Clause 9.—Holidays". (d) Delete paragraph (d) of the renumbered subclause (5) of this clause. 6. Immediately following Clause 6.—Hours insert a new Clause 7.—Display of Rosters as follows: 7.—Display of Rosters. (1) Every employer shall post or cause to be posted and keep posted, in a conspicuous position in each establishment, so as to be easily accessible to, and easily read by, every employee employed therein, a roster written in the English language showing: (a) The name of each employee bound by the award; and (b) The days, during each work cycle, upon which the employee is required to work his/her ordinary hours of work and the start and finish times of each work period. (c) The particulars referred to in paragraph (b) above shall be published two weeks in advance and may be changed in any of the following circumstances: (i) by one week's notice (ii) by mutual agreement between employer and employee, (iii) on account of the sickness or absence of an employee, (iv) by the inclusion of particulars in respect of casual employees. (d) In the extraordinary circumstance of unfore- seeable business demands, an employee's rostered day off in any week may be varied by the employer without the requirement to provide one week's notice to the employee. (e) Where changes to rosters are made in accordance with paragraphs (c) or (d) of this subclause, ordinary rates apply. (2) Notwithstanding the provisions of subclause (1) herein, the employer may provide each employee with an individual roster in writing containing the required information. (3) The particulars contained in such roster shall be in respect of the full week Monday to Saturday inclusive, during which it is posted. 7. Clause 7. Overtime (a) Delete the heading of this clause and insert the following in lieu: 8.—Overtime. (b) Delete the words "Clause 8.—Holidays and Annual Leave" in paragraph (b) of subclause (2) of this clause and insert in lieu the following words "Clause 9.—Holidays". (c) Delete paragraph (d) of subclause (2) of this clause and insert in lieu the following: (d) Work performed on a rostered day off Monday to Saturday inclusive shall be paid for at the rate of double time. (d) Delete paragraph (e) of subclause (2) of this clause and insert in lieu the following: (e) Work performed on Sundays shall be over- time and paid for at the rate of double time with a minimum payment of four hours at that rate. 8. Clause 8.—Holidays and Annual Leave: (a) Delete the heading of this clause and insert the following in lieu: 9.—Holidays. (b) Delete subclauses (4)—(14) inclusive of this clause. (c) Delete the words "Clause 7.—Overtime" in paragraph (a) of subclause (1) of this clause and insert in lieu the following words "Clause 8.—Overtime". 9. Clause 9.—Holidays: Immediately following this clause insert a new Clause 10.—Annual Leave as follows: 10.—Annual Leave. (1) Except as hereinafter provided a period of four consecutive weeks' leave with payment of ordi- nary wages as prescribed shall be allowed annu- ally to an employee by his employer after a period of twelve months' continuous service with such employer. (2) (a) During a period of annual leave an employee shall be paid a loading of 17I/2% calculated on his ordinary wage as prescribed. (b) The loading prescribed by this subclause shall not apply to proportionate leave on termination. (c) In the event of arrangements being made pursuant to subclause (7) of this clause which result in the employee taking annual leave prior to the anniversary date of the em- ployee's employment, the 1772% leave load- ing prescribed by this subclause shall not be payable to the employee with respect to such leave until the anniversary date of the employee's employment and shall be paid at that time. (3) If any prescribed holiday falls within an em- ployee's period of annual leave and is observed on a day which in the case of that employee would have been an ordinary working day, there shall be added to that period one day being an ordinary working day for each such holiday observed as aforesaid. (4) (a) If after one month's continuous service in any qualifying 12 monthly period an em- ployee leaves his/her employment or his/her employment is terminated by the employer through no fault of the employee, the employee shall be paid 2.923 hours pay at his ordinary rate of pay in respect of each completed week of continuous service. (b) In addition to any payment to which he/she may be entitled under paragraph (a) of this subclause, an employee whose employment terminates after he/she has completed a twelve monthly qualifying period and who has not been allowed the leave prescribed under this award in respect of that qualifying period shall be given payment as prescribed in subclauses (1) and (2)(a) of this subclause in lieu of that leave or, in a case to which subclauses (7) or (11) of this clause applies, in lieu of so much of that leave as has not been allowed unless— (i) he/she has been justifiably dismissed for misconduct; and (ii) the misconduct for which he/she has been dismissed occurred prior to the completion of that qualifying period. (5) Any time in respect of which an employee is absent from work except time for which he/she is entitled to claim sick pay or time spent on holidays or annual leave as prescribed by this award shall not count for the purpose of determining his/her right to annual leave. (6) In the event of an employee being employed by an employer for portion only of a year, he/she shall only be entifled, subject to subclause (4) of this clause to such leave on full pay as is proportionate to his/her length of service during that period which such employer, and if such leave is not equal to the leave given to the other employees he/she shall not be entitled to work or pay whilst the other employees of such employer are on leave on full pay. (7) In special circumstances and by mutual consent of the employer and the employee, annual leave may be taken in periods of not less than one working week. (8) When an employee is entitled to annual leave under this clause, he/she shall receive at least 'two weeks' notice from this employer of the date when it will be convenient to the employer that such employee shall take his/her leave. (9) Except as provided by subclause (10) hereof, every employee shall be given and shall take annual leave within six months after the date the leave falls due. (10) At the written request of the employee and by mutual agreement between the employer and the employee, annual leave may be deferred beyond six months of the time of accrual but in such cases, the rate of pay applicable to such leave shall be the rate applicable at the time of accrual. (11) The provisions of this clause shall not apply to casual employees. (12) Where a business has been sold from one employer to another and the employee's service has been deemed continuous in accordance with subclause (3) of Clause 2 of the Long Service Leave provisions published in Volume 69 of the West Australian Industrial Gazette at page 1 the 1772% leave loading shall be paid to the employee pro-rata to the date of termination with the former employer. 10. Clause 9.—Wages: Delete this clause and insert in lieu the following: 11.—Wages. (1) (a) The rates of wage set out in paragraphs (b) and (c) of this subclause reflect a total rate for ordinary hours of work Monday to Saturday inclusive. This total rate is com- prised of a notional base rate plus a 12% all purpose loading in lieu of the penalties which applied prior to the first pay period on or after 1st March 1993 for work performed in ordinary hours on the one night of late trading and on Saturday. (b) The minimum wage for ordinary hours payable to employees bound by this award from the first pay period on or after 1st March 1993 shall be as follows except for employ- ees registered for "Mens Hairdressing (In- elusive)" and for whom the minimum rate of wage for ordinary hours is presented in paragraph (c) of this subclause: (i) Full-time—Principal $408.80 per week Senior $386.20 per week (ii) Part-time—Principal $10.76 per hour Senior $10.16 per hour (iii) Casual—Principal $12.91 per hour Senior $12.20 per hour (c) The minimum wages for ordinary hours payable from the first pay period on or after 1st March 1993 for employees registered for "Mens Hairdressing (Inclusive)":— (i) Full-Time—Principal $395.50 per week Senior $373.10 per week (ii) Part-Time—^Principal $10.40 per hour Senior $ 9.82 per hour (iii) Casual—Principal $12.49 per hour Senior $11.78 per hour (2) (a) The rates of wage set out in paragraphs (b) and (c) of this subclause reflect a total rate for ordinary hours of work Monday to Saturday inclusive. This total rate is com- prised of a notional base rate plus a 10% all purpose loading in lieu of the penalties which applied prior to the first pay period on or after 1st March 1993 for work performed in ordinary hours on the one night of late trading and on Saturday. (b) The minimum wage for ordinary hours payable to employees bound by this award from the first pay period on or after 1st February 1994 shall be as follows except for employees registered for "Mens Hairdress- ing (Inclusive)" and for whom the minimum rate of wage for "Mens Hairdressing (Inclu- sive)" and for whom the minimum rate of wage for ordinary hours is prescribed in paragraph (c) of this subclause:— (i) Full-Time—Principal $449.80 per week Senior $421.70 per week (ii) Part-Time—^Principal $11.83 per hour Senior $ 11.10 per hour (iii) Casual—Principal $14.20 per hour Senior $13.32 per hour (c) The minimum wages for ordinary hours payable from the first pay period on or after 1st February 1994 for employees registered for "Mens Hairdressing (Inclusive)":— (i) Full-Time—^Principal $442.90 per week Senior $415.30 per week (ii) Part-Time—Principal $11.66 per hour Senior $10.92 per hour (iii) Casual—^Principal $13.99 per hour Senior $13.11 per hour (3) (a) The rates of wage set out in paragraphs (b) of this subclause reflects a total rate for ordinary hours of work Monday to Saturday inclusive. This total rate is comprised of a notional base rate plus a 10% all purpose loading in lieu of the penalties which applied prior to the first pay period on or after 1st March 1993 for work performed in ordinary hours on the one night of late trading and on Saturday. (b) The minimum wage payable for ordinary hours to employees bound by this award from the first pay period on or after 1st February 1995 shall be as follows:— (i) Full-Time—^Principal $489.40 per week Senior $458.90 per week (ii) Part-Time—^Principal $12.88 per hour Senior $12.08 per hour (iii) Casual—^Principal $15.46 per hour Senior $14.49 per hour (4) Apprentices: (Percentage of the appropriate Sen- ior rate of wage per week). (a) Four Year Tbrm % First Six Months 35 Second Six Months 40 Second Year 50 Third Year 70 Fourth Year 85 (b) Three Year Tferm % First Year 50 Second Year 70 Third Year 85 (c) Adult Apprentices In the case of an apprentice aged twenty- one years or over, where the rate of wage determined by the application of paragraphs (a) or (b) of this subclause is less than the minimum wage for adults as prescribed by the Commission from time to time in General Orders, that minimum wage shall apply in lieu of the rates otherwise applicable by the application of this subclause. (5) Where a permanent employee is advised that he/she will be required to work until a specified time, such employee shall be entitled to be paid until such specified time, notwithstanding that the employer may allow the employee to leave early. (6) Apprentice Assessment Notwithstanding that the term of apprenticeship shall have expired, an employee shall continue to receive the wage payable in the last year of apprenticeship until the employee has teen as- sessed as achieving the necessary trade skills outlined in the Trade Training Schedule and a final Trade Certificate has been issued. (7) Ban on Sub-Contracting No employer shall rent any portion of the salon to an employee or employ an employee in the hairdressing trade on a commission only basis, or in any manner other than prescribed in this award. (8) An employer may direct an employee to carry out such duties as are within fie limits of the employee's skill, competence and training. 11. Clause 10.—Engagement: Delete this clause and insert in lieu fie following: 12.—Engagement. (1) Permanent Employment (a) "Permanent employment" shall mean an employee engaged on a weekly other than casual basis who may be dismissed or leave fie employer's service only by one week's notice given by either party or in fie event of such notice not been given by fie payment of one week's pay by fie employer to fie employee or by fie forfeiture of one week's pay by fie employee to the employer. Provided fiat any employer may dismiss an employee for refusal or neglect to obey reasonable instructions or for misconduct or, if after receiving one week's notice, such employee does not carry out his or her duties in same manner as he or she did prior to such notice. (b) Notwithstanding fie provisions of paragraph (a) hereof, an employee's engagement may be terminated by either party at any moment during fie first two months of employment provided fiat: (i) an employee whose employment is terminated by fie employer for reasons other than refusal or neglect or obey reasonable instructions or misconduct during fie first month of service shall be 73 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 361 classed as a casual employee and paid not less than the minimum rates of wages prescribed herein for a casual employee. (ii) An employee whose employment is terminated by the employer after more than one month but less than two months' employment for reasons other than refusal or neglect to obey reasona- ble instructions or misconduct shall be paid up to his/her ordinary ceasing time on the day on which notice of termina- tion is given. (c) (i) An employee whose employment is terminated by the employer on the business day preceding a holiday or holidays, otherwise than for refusal or neglect to obey reasonable instructions or for misconduct, shall be paid for such holiday or holidays. (ii) In the event of Christmas Eve falling on a Saturday or a Sunday, any employee who is terminated by the employer on the preceding Friday, otherwise than for refusal or neglect to obey reasonable instructions or for misconduct, shall be paid for Christmas Day and Boxing Day. (2) Casual Employment (a) ' 'Casual employee" shall mean an employee engaged by the hour and who may be dismissed or leave the employer's service at any moment without notice and except as hereinafter provided shall not be engaged for more than 32 hours per week in ordinary hours with not more than ten work com- mencements in each roster period of two weeks. Notwithstanding the aforementioned, a casual employee may be engaged in ordinary hours for 38 hours per week for periods of up to four consecutive weeks during peak trading periods or to relieve employees absent on leave. Work performed by casual employees in excess of the maximum weekly ordinary hours prescribed in this clause shall be paid for at overtime rates of pay. (b) The minimum period of engagement for a casual employee shall be three consecutive hours on any day. (c) Any casual employee engaged but not per- mitted to commence work shall receive two hours' pay at the casual rate as prescribed in this award. (3) Part-Time Employment (a) "Part-Time Employee" shall mean a perma- nent employee who may be engaged on any day, Monday to Saturday inclusive for a minimum of twelve hours per fortnight and a maximum of sixty four hours per fortnight with not more than ten daily work com- mencements in any fortnightly period. Pro- vided that a part-time employee shall not be engaged for less than three consecutive hours nor more than nine and a half consecutive hours exclusive of meal times on any one day except on the day of late night trading when the maximum daily ordinary hours shall be eleven and a half. (b) A part-time employee shall receive payment for wages, annual leave, sick leave and long service leave on a pro-rata basis in the same proportion as the number of hours regularly worked each week bears to 38 hours. (c) When a day, being a day when a part-time employee would have been rostered to work is a holiday under the provisions of Clause 9.—Holidays of this award, then that day shall be a holiday without deduction of pay to such employee. 12. Clause 11.—Registration: Delete the heading of this clause and insert in the lieu the following: 13.—Registration. 13. Clause 12.—Sick Pay: (a) Delete the heading of this clause and insert the following in lieu: 14.—Sick Pay. (b) Delete subclause (2) of this clause and insert in lieu the following: (2) Accrual of Entitlement Employees entitlement to payment shall accrue at the rate of l/6th of 38 hours for each completed month of service with the em- ployer. (c) Delete the words "Clause 8.—Holidays and Annual Leave" in paragraph (e) of subclause (7) of this clause and insert in lieu the following words "Clause 10.— Annual Leave". 14. Clause 13.—Meal Times and Break Periods: Delete this clause and insert in lieu the following: 15.—Meal Times and Break Periods. (1) Meal Breaks shall be of a duration of not more than one hour and not less than half an hour and shall be granted and taken in one continuous period. (2) A meal break shall be taken after not less than two and a half hours nor more than five hours work have been performed on any day and, except as provided by subclause (3) hereof employees shall not be required to work for more than five hours without a break for a meal. (3) Where an employee is required to work for more than five hours without a break for a meal as a consequence of the operation of subclause (4) hereof, such employee shall be allowed a paid tea break of fifteen minutes duration in lieu of the requirement to take an additional meal break. The fifteen minute tea break referred to herein shall be taken in that part of the day which forms the substantial part of the employee's work and shall be in lieu of one of the breaks allowed by subclause (6) hereof. (4) From Monday to Saturday inclusive the lunch period may be taken between the hours of 11.00am and 3.00pm. (5) An employee who is required to work ordinary hours on the night of late trading shall be entitled to an evening meal break to be taken between the hours of 4.30pm and 7.00pin. (6) An employee working more than eight ordinary hours in any day shall be entitled to two paid tea breaks of ten minutes to be taken in the morning and afternoon. Otherwise an employee shall be allowed a ten minute break each day either in the first or second half of the work period Monday to Saturday inclusive. Such breaks shall be taken to suit the employer's business provided that no employee shall be required to work for more than four and a half hours without having had such a break and provided further that such a break shall not take place within a period of one hour of commencing or finishing work, or within a period of one hour of the employee's lunch period or during the time of late night trading. (7) (a) Where an employee is required to continue working beyond his/her normal finishing time for more than two hours he/she shall be allowed a break for a meal of not less than 362 WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 73 W.A.I.G. thirty minutes. Such break shall be allowed to the employee before the expiration of the period of work beyond his/her normal finish- ing time referred to herein and not earlier than 5.00pm. (b) If the overtime to be worked continues beyond the meal break, an additional half hour meal break shall be allowed after each period of overtime not exceeding five hours. (8) Where it is not possible for the employer to grant a meal break on any day, the said meal break shall either be treated as time worked and the employee shall be paid at the rate applicable to the employee at the time such meal break is due plus fifty per cent of the prescribed ordinary hourly rate applying to such employee until such time as the employee is released for a meal or be allowed time off with pay within the roster period equivalent to fifty per cent of the time elapsed between when the said meal break became due and when the employee is released for a meal. (9) Unless otherwise specified meal breaks shall be unpaid. 15. Clause 15.—Meal Times and Break Periods: Immedi- ately following this clause insert a new Clause 16.—Meal Money as follows:— 16.—Meal Money. (1) The meal money required to be paid to employees pursuant to this clause shall be as follows: (a) From the first pay period on or after 1st March 1993 $4.50 (b) From the first pay period on or after 1st February 1994 $5.50 (c) From the first pay period on or after 1st February 1995 $6.50 (2) When an employee is required to continue working after the usual finishing time for more than one hour he/she shall be paid the meal money prescribed in subclause (1) of this clause for the purchase of any meal required. (3) Late Night Trading Meal Allowance— An employee who commences work prior to 12.30pm on the day of late night trading and is required to work beyond 7.00pm on that day shall be paid a meal allowance as prescribed by subclause (1) of this clause. (4) Meal Money may be paid.prior to the meal period on the day upon which the overtime is to be worked or as part of the normal weekly or fortnightly wage as appropriate. 16. Clause 14.—Time and Wages Record: Delete this clause and insert in lieu the following: 17.—Time and Wages Record. (1) Each employer bound by this award shall maintain a record containing the following information relating to each employee. (a) the name and address given by the employee, (b) the age of apprentices, (c) the classification of the employee and whether the employee is full-time, part-time or casual, (d) the commencing and finishing times of each period of work each day, (e) the number of ordinary hours and the number of overtime hours worked each day and the totals for each pay period, (f) the wages and any allowances paid to the employee each pay period and any deduc- tions made therefrom. (2) (a) At the time of payment of wages the employee may be given a pay slip showing that part of the record specified in paragraphs (e) and (f) of subclause (1) with respect to the pay period for which payment is being made. (b) If a pay slip is not given to the employee as prescribed in paragraph (a) hereof the em- ployer shall permit the employee to inspect the record either at the time of payment or at such other time as may be convenient to the employer. The employer shall not unreasona- bly withhold the record from inspection by the employee. (3) (a) The record may be maintained in one or more parts depending on the system of recording used by the employer whether manual or mechanical provided that if the record is maintained in more than one part, those parts shall be kept in such a manner as will enable the inspection referred to in subclauses (2) and (4) to be conducted at the one establish- ment. (b) The record shall be kept in date order so that the inspections referred to in subclauses (2) and (4) of this clause may be made with respect to any period in the six years from 1st march 1986. (c) The employer may, if it is part of normal business practice, periodically send the re- cord or any part of the record to another person, provided that the provision of this paragraph shall not relieve the employer of the obligations with respect to provisions contained elsewhere in this clause with the exception of those contained in paragraph (b) of this subclause. (d) Subject to this clause the record shall be available for inspection by a duly authorised official of the union during the normal hours of business of the employer, but excepting any time when the employer or his/her employees who are required to maintain the record may be absent. (e) The union official shall be permitted reason- able time to inspect the record and, if he/she requires, take an extract or copy of any of the information contained therein. (4) (a) If, for any reason, the record is not available for inspection by the union official when the request is made, the union official and the employer or his/her agent may fix a mutually convenient time for the inspection to take place. (b) If a mutually convenient time cannot be fixed, the union official may advise the employer in writing that he/she requires to inspect the record in accordance with the provisions of this award and shall specify the period contained in the record which he/she requires to inspect. (c) Within 10 days of the receipt of such advice: (i) Employers who normally keep the re- cord at a place more than 35 kilometres from the G.P.O. Perth shall send a copy of that part of the record specified to the office of the union; and (ii) employers who normally keep the re- cord at a place less than 35 kilometres from the G.P.O. Perth shall make the record available to the union official at the time specified by the union official. If the record is not then made available to the union official the employer shall within three days send a copy of that part of the record specified to die office of the union. (d) In the event of a demand made by the union which the employer considers unreasonable the employer may apply to the Western 73 W.A.I.G. WESTERN AUSTRALIAN INDUSTRIAL GAZETTE 363 Australian Industrial Relations Commission for direction. An application to the