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UPCOMING CLAIMS IN THE FWC FOR THE HAIR & BEAUTY INDUSTRY

Posted August 14, 2017

The Hair & Beauty industry is constantly evolving and this often spills over into the award for employees too. While we have just released the list of significant changes that are occuring to the Hair & Beauty Award in Q2 of 2017, there are a number of key propositions being put forward by the unions to the Fair Work Commission (FWC) that could cause significant difficulties for salon owners. As your industry representative, HABA and our partner Ai Group are fighting a number of these key issues as we see them as being detrimental to salon owners. Here are the changes being proposed to the Hair & Beauty Award in Q3 2017:

FAMILY AND DOMESTIC VIOLENCE LEAVE

The FWC Full Bench recently heard the Family and Domestic Violence Leave Case, where unions were seeking 10 days of paid leave per year for sufferers of family or domestic violence. So far, Split decisions have been issued by the three Members of the FWC Full, meaning that there is no consensus on the case and we are likely to come to a conclusion any time soon. On 3 July, the Commission handed down a joint decision rejecting the unions’ claim for separate, paid domestic violence leave but expressed a view that all employees should be able to access unpaid domestic violence leave and should be able to access personal/carer’s leave for domestic violence purposes.

 

FAMILY FRIENDLY WORK ARRANGEMENTS CASE

HABA with Ai Group will be sending out a joint employer survey to all members to provide evidence in the Family Friendly Work Arrangements Case being presented to the FWC currently. Unions are pursuing a claim for virtually all awards to be varied and to give employees with parenting or other caring responsibilities an absolute right to part-time or reduced hours of work to accommodate these responsibilities. This claim would allow an employee to dictate their days of work and starting/finishing times around the needs of children or caring duties. HABA is strongly opposed to this claim and needs all our Members to give evidence in the case. It is important that the FWC understands the impacts on industry if this claim is granted. The case has been listed for hearing in October 2017.

 

The union’s proposed “Family Friendly Working Hours Clause” would apply to all employees who have completed at least 6 months’ continuous service with their employer. The clause would provide the following rights to employees:

 

For employees with ‘parenting responsibilities’, i.e. those who have a responsibility (whether solely or jointly) for the care of a child of school age or younger:

 

  • Full-time employees would have a right to work on a part-time basis until their child reaches school age. The employee would be able to dictate their days of work and starting/finishing times. Once the employee’s child reaches school age, the employee would be entitled to return to their former number of working hours.

 

  • Part-time and casual employees would have a right to work reduced hours. The employee would be able to dictate their days of work and starting/finishing times. Once their child reaches school age, the employee would be entitled to return to their former number of working hours as a part-time or casual employee.

 

For employees with ‘caring responsibilities’ i.e. those who care for a person with a disability, medical condition (including a terminal or chronic illness), mental illness, or who is frail and aged:

 

  • Full-time employees would have a right to work on a part-time basis for a period of two years. The employee would be able to dictate their days of work and starting/finishing times. The employee would subsequently be entitled to return to work on a full-time basis.

 

  • Part-time and casual employees would have a right to work reduced hours for a period of two years. The employee would be able to dictate their days of work and starting/finishing times. The employee would be entitled to subsequently return to their former number of working hours as a part-time or casual employee.

 

HABA is arguing in the case that the existing ‘right to request’ arrangements in the Fair Work Act strike the right balance between the interests of employees and employers, and that the proposed changes would be of significant detriment to employers within the industry. The provisions give an employee the right to request part-time employment, with an employer having the right to refuse the request on reasonable business grounds. It would not be fair or appropriate for an employer’s right to reasonably refuse an employee’s request to work part-time, to be negated through award provisions.

 

The Hair & Beauty Award is constantly changing, posing new challenges all the time for salon owners. By being a member of HABA, you are guaranteed representation in all decisions made by the FWC and have a team of Industrial Relations experts on your side at all times, fighting for the rights of salon owners against the claims made by the unions and other parties. If you would like to contribute to changes made in the industry or to have your say on these evolving issues for the industry, you can always get in touch with the team from HABA on 02 9221 9911 or info@askahaba.com.au as soon as possible.

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