TASMANIAN INDUSTRIAL COMMISSION

 Industrial Relations Act 1984
s.23 application for award or variation of award

 Shop, Distributive and Allied Employees' Association, Tasmanian Branch
(T9940 of 2001)

 and

 Hairdressing Federation of Tasmania
(T9947 of 2001)

 HAIRDRESSERS AWARD 

Award variation - matters joined - SWC 2001 increases - second MRA - award renamed - Award Review Process - award updated - application granted - operative initially ffpp 1/1/02

REASONS FOR DECISION

[1] These two applications were joined at the first hearing. They were made by the Shop, Distributive and Allied Employees' Association, Tasmanian Branch (the union) and the Hairdressing Federation of Tasmania (the Federation), pursuant to section 23(1) of the Industrial Relations Act 1984 (the Act). The applications sought variations to the Hairdressers Award (the award).

[2] In Matter T9940 of 2001, the union sought:

(a) to vary the award in a manner consistent with the July 2001 State Wage Case decision of the Commission (T9605 of 2001) in relation to wage rates and allowances, and

(b) the implementation of the second Minimum Rates Adjustment (MRA) in the award.

[3] In matter T9947 of 2001, the Federation sought to vary the award in accordance with Principle 12 (Award Review Process) of the Wage Fixing Principles.

[4] A number of hearings took place in connection with these applications and there were protracted negotiations. Eventually, at the last hearing, the parties advised the Commission that agreement had been reached on all matters.

[5] A draft order was produced incorporating the changes sought to be made to the award.1

[6] Mr D F Ireland, who represented the Federation, spoke to the draft order and noted the following items included in the variations:

•  The award was to be given a new title, the Hairdressing, Health and Beauty Industry Award.
•  The Index to the award was varied to reflect the changes made, together with the review and re-formatting changes to the award.
• The Scope of the award was varied so as to specify coverage for the hairdressing and health and beauty industry. The health and fitness industry was specifically excluded.
•  Generally the award was varied to incorporate the various changes and improvements set out in the Commission's Principle 12 - Award Review Process.
•  The second MRA increase, operative from the first full pay period commencing on or after 1 January 2002 (originally agreed in matter T9650 of 2001) was incorporated.
• The Safety Net Adjustment increase relating to the State Wage Case July 2001 decision of the Commission was incorporated. The $13.00 per week increase (related to amounts up to $490.00 per week) was to be implemented, by agreement, in two parts - $3.50 per week, operative from the first full pay period commencing on or after 1 January 2002 and $9.50 per week, operative from the first full pay period commencing on or after 1 April 2002, with other wage rates and allowances increased appropriately. The $15.00 per week increases (related to amounts over $490.00 and up to $590.00 per week), were to be implemented in a similar manner by agreement - $5.50 per week, operative from the first full pay period commencing on or after 1 January 2002, and $9.50 per week, operative from the first full pay period commencing on or after 1 April 2002.
•  A provision for probationary employees (similar to that found in the Business Services Award) was introduced.
•  The hairdressing classifications in the award were reviewed and three levels of hairdressers were provided which were related by definition to the National Hairdressing Training Package. Two new classifications were inserted, Salon Co-Ordinator and Salon Assistant.
• Provision was also made for trainee hairdressers "undergoing an apprenticeship under a training agreement in accordance with the requirements of the Vocational Education and Training Act 1994."
• The new health and beauty classifications in the award provided for four levels of qualifications related by definition to the National Beauty Therapists Training Package. One other classification was provided for, that of Salon Co-Ordinator.
• Provision was also made for trainee beauty therapists "undergoing an apprenticeship under a training agreement in accordance with the requirements of the Vocational Education and Training Act 1994."
• Generally the conditions of service provided in the award applied equally to hairdressing and beauty therapy employees. It was agreed that the conditions of service would operate from 1 January 2002.
•  A spread of Hours clause was implemented to generally reflect that applying the Retail Trades Award since the two areas were closely related.
• The Hours of Work clause was varied to fit the introduction of the Spread of Hours clause.

[7] A summary of the changes to the award was attached to the draft order in the form of an appendix.

[8] The parties submitted to the Commission that the contents of the agreed draft order complied with both the requirements of the Act, especially as to the public interest, and the Principles of the Commission and they requested approval of the applications.

[9] I accept the submissions of the parties and the award will be varied as agreed.

[10] An order is attached.

P A Imlach
COMMISSIONER

Appearances:
Mr P Griffin (14/12/01, 20/12/01, 10/1/02), Shop, Distributive and Allied Employees' Association, Tasmanian Branch
Mr D F Ireland (14/12/01, 20/12/01, 10/1/02) for Hairdressing Federation of Tasmania
Mr R Rollins (14/12/01) and Mr A Flood (10/1/02), Tasmanian Chamber of Commerce and Industry Limited

Date and place of hearing:
2001
December 14 and 20
Hobart

2002
January 10
Hobart

1 Exhibit I1, 10/1/02