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HSA wins more overtime pay for permanent stylists!

December 20, 2021

Last week, the Fair Work Commission handed down an important decision as part of its 4-yearly review into the Hair and Beauty Award.

HSA’s parent union, the AWU, made submissions on an anomaly in the H&B award, that led to inconsistencies with respect to when casual employees were paid overtime rates versus when full time and part time employees were paid overtime rates.

Previously, clause 31 of the Award did not appear to prescribe overtime rates when a full-time or part-time employee worked outside the spread of hours specified in clause 28.2(a) or in excess of the maximum daily hours specified in clause 28.3.

Casual employees, however, were expressly entitled to overtime rates when they worked outside the spread of hours, or in excess of the maximum daily hours.

This meant that if you were a permanent worker, you only earned overtime pay if you actually worked over your contracted hours, not if you had to stay back beyond the end of your shift, come in early one day, etc.

The FWC agreed with the AWU – this was clearly illogical and created an unfair anomaly with respect to the treatment of casual and full time/part time workers working overtime.

HSA is pleased to report the award will be varied to provide that full time and part time employees will be entitled to overtime penalty rates where they work outside the daily spread of hours or in excess of the prescribed daily maximum hours.

What does this mean for me?

Once the variation is finalised, permanent full-time and part-time workers will be able to earn overtime penalty rates if they work:

a. Any time outside the following spread of hours

Days

Spread of hours

Monday to Friday

7.00 am–9.00 pm

Saturday

7.00 am–6.00 pm

Sunday

10.00 am–5.00 pm

b. Over a maximum of nine hours on any day.

(Note, you may be rostered to work one 10.5 hour day per week and by mutual agreement in writing, a second 10.5 hour day, before earning overtime.)

If you have any questions about what this means for your hours of work, your pay, or your contract, we’re here to help! Send us a message via our contact page.

If you need one-on-one advice and support to reclaim stolen wages, negotiate your conditions or contract, or you just need help, become a member today to get access to our qualified, professional legal team!

You can read the decision here: https://www.fwc.gov.au/documents/decisionssigned/html/2021fwcfb6071.htm

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