AP806816CRV - Hairdressing and Beauty Services - Victoria - Award 2001
PART 4 - EMPLOYER AND EMPLOYEE’S DUTIES, EMPLOYMENT RELATIONSHIP AND RELATED ARRANGEMENTS
11. TERMS OF EMPLOYMENT
11.1.1 Employees under this award will be employed in one of the following categories:
11.1.1(a) full-time employees; or
11.1.1(b) regular part-time employees; or
11.1.1(c) casual employees.
11.1.2 At the time of engagement an employer will inform each employee of the terms of their engagement and, in particular, whether they are to be full-time, regular part-time or casual.
A full-time employee is an employee who is engaged to work an average of 38 hours per week.
11.3 Regular part-time employees
11.3.1 An employer may employ regular part-time employees in any classification in this award.
11.3.2 A regular part-time employee is an employee who:
11.3.2(a) works less than full-time hours of 38 per week; and
11.3.2(b) has reasonably predictable hours of work.
11.3.3 At the time of first being employed, the employer and the regular part-time employee will agree, in writing, on a regular pattern of work, specifying at least:
11.3.4 Any agreement to vary the regular pattern of work must be made in writing before the variation occurs.
11.3.5 The agreement and variation to it must be retained by the employer and a copy given by the employer to the employee.
11.3.6 An employer is required to roster a regular part-time employee for a minimum of three consecutive hours on any shift.
11.3.7 An employee who does not meet the definition of a regular part-time employee and who is not a full-time employee will be paid as a casual employee in accordance with 11.4.
11.3.8 A regular employee employed under the provisions of this clause must be paid for ordinary hours worked at the rate of 1/38th of the weekly rate prescribed for the class of work performed.
11.3.9 Rosters
11.3.9(a) A part-time employee’s roster, but not the agreed number of hours, may be altered by the giving of notice in writing of seven days or in the case of an emergency 48 hours, by the employer to the employee.
11.3.9(b) Rosters shall not be changed from week to week, or fortnight to fortnight, nor shall they be changed to avoid any award entitlements.
11.3.9(c) No part-time employee may be employed on more than five days per week other than at the request in writing of the employee concerned.
11.3.10 Award entitlements
A part-time employee shall be entitled to payments in respect of annual leave, public holidays, sick leave and bereavement leave arising under this award on a proportionate basis calculated as follows:
11.3.10(a) Annual leave
The period of annual leave entitlements for part-time employees shall be identical to those of full-time employees and accrued in the same manner, in accordance with clause 31 - Annual leave, of this award. Wages payable in respect of periods of paid leave shall be calculated pro rata in respect of the period to which the entitlement relates.
11.3.10(b) Public holidays
Where the rostered paid hours fall on a public holiday and work is not performed by the employee, such employee shall not lose pay for the day.Where the employee works on the holiday, such employee shall be paid in accordance with clause 37 – Public holidays.
11.3.10(c) Bereavement leave
Where a part-time employee would normally work on any of the three working days following the death of a close relative which would entitle a full-time employee to bereavement leave in accordance with clause 33 - Bereavement leave of this award, the employee shall be entitled to be absent on bereavement leave on any of those three working days without loss of pay for the day or days concerned.
11.3.10(d) Other award provisions
Subject to the provisions contained herein all other provisions of the award relevant to full-time employees shall apply to part-time employees.
11.3.11 Overtime
11.3.11(a) A part-time employee who works in excess of his or her rostered hours in a week, in excess of five days in the week, or outside the spread of hours set in subclause 23.2 is to be paid overtime for all such time worked in accordance with clause 30 of this award.
11.3.11(b) Overtime worked within the ordinary times of beginning and ending work as set out in subclause 23.2.is to be paid at the rate of time and a half for the first three hours and double time thereafter.
11.3.12 Conversion of existing employees
No full-time or casual employee shall be transferred by an employer to part-time employment without the written consent of the employee. Provided that where such transfer occurs all leave entitlements accrued shall be deemed to be continuous. A full-time employee who requests part-time work and is given such work may revert to full-time employment on a specified future date by agreement with the employer and recorded in writing.
11.3.13 Existing part-time employees
Where a person was employed as a part-time employee pursuant to the previous award, the employer and the employee should confer and seek to reach agreement on the translation to the terms of this award. The employer must advise each employee that the employee may be represented in such conferences.
11.4.1 A casual employee is an employee engaged as such and who does not have an entitlement to reasonably predictable hours of work.
11.4.2 A casual must be paid as follows:
11.4.2(a) For all time worked within the hours of 7.00 a.m. and 9.00 p.m. Monday to Friday inclusive, and 7.00 a.m. and 6 00 p.m. on Saturday, a casual employee must be paid an hourly rate equal to the appropriate full-time ordinary weekly rate divided by 38 plus 25 per cent, except for a casual employee who works less than thirteen hours when the loading 50 per cent.
11.4.2(b) time worked outside the hours prescribed in 11.4.2, a casual employee must be paid per hour a rate equal to the appropriate full-time ordinary weekly rate divided by 38 plus 50 per cent, except Sunday where the rate to be paid per hour must be the appropriate full-time ordinary weekly rate divided by 38 plus 100 per cent.
11.4.2(c) the provisions of the clauses listed herein shall have no application to casual employment:
Subject |
Clause number |
Termination of employment |
13 |
Redundancy |
12 |
Hours of work and rosters |
23 & 24 |
Overtime |
30 |
Bereavement leave |
33 |
Parental leave |
35 |
Meal allowance |
21.1 |
Transport allowance |
21.3 |
Transfer of employee reimbursement |
21.4 |
Excess fares reimbursement |
21.6 |
11.4.3 The entitlement for a casual employee working on a public holiday is in accordance with the relevant provisions of clause 37-public holidays.
11.4.4 Casual employees must be paid at the termination of each engagement, but may agree to be paid weekly or fortnightly.
11.4.5 In each occasion a casual employee is required to attend work he or she is entitled to a minimum payment for two hours work.
[11.4.6 inserted by PR967595 ppc 09Dec05]
11.4.6 Caring responsibilities
11.4.6(a) Subject to the evidentiary and notice requirements in 34.1.2 and 34.1.4, casual employees are entitled to not be available to attend work, or to leave work:
11.4.6(b) The employer and the employee shall agree on the period for which the employee will be entitled to not be available to attend work. In the absence of agreement, the employee is entitled to not be available to attend work for up to 48 hours (i.e. two days) per occasion. The casual employee is not entitled to any payment for the period of non-attendance.
11.4.6(c) An employer must not fail to re-engage a casual employee because the employee accessed the entitlements provided for in this clause. The rights of an employer to engage or not to engage a casual employee are otherwise not affected.
11.5.1 A Hairdressing Trainee is a person undergoing a full-time training course accredited by the State Training Board of Victoria and is subject to all the relevant applicable provisions of this award.
11.5.2 Where the Trainee works in a commercial salon to gain experience during their full-time training course, the college at which the Trainee is enrolled must provide a log book to record all hours worked in a commercial salon. Each week where the student is working in a salon the hours worked must be recorded in the log book and verified by signature of the employer.
11.5.3 The employer must not refuse nor neglect to sign the log book of the Hairdressing Trainee in accordance with 11.5.2.
11.5.4 The college is responsible for ensuring that the student's log book is properly maintained.
11.5.5 On completion of the relevant training course, if 1000 hours in a commercial salon has not already been achieved the graduate should ensure that any hours worked in a commercial salon after graduation are recorded in the log book until the 1000 hours have been completed. The log book will then be proof to employers that the graduate is entitled to a Hairdresser rate of pay.
11.6 Pre-apprenticeship practical placement
A student undertaking an accredited pre-apprenticeship course may undertake a period of work experience in a salon and undertake any work in that salon covered by this award subject to the following conditions:
11.6.1 Subject to 11.6.4, the work is to be unpaid.
11.6.2 No student can undertake work experience for more than ten days.
11.6.3 The work experience must be in accordance with provisions detailed by the Wholesale and Retail and Personal Services Industry Training Board.
11.6.4 A student will be entitled to the benefit of the following clauses in the award:
Subject |
Clause number |
Additional employee duties |
14.1 |
Bank transactions |
14.2 |
Excess fares reimbursement |
21.6 |
Hours of work and rosters |
23 & 24 |
Meal allowance |
21.1 |
Meal breaks |
25 |
Rest periods |
26 |
Transfer of employee reimbursement |
21.4 |
Transport allowance |
21.3 |
Transport of employees |
21.7 |
11.6.5 A student cannot be required to work on Saturday or Sunday or to work overtime.
11.6.6 The employer must reimburse the student for the cost of purchasing any necessary uniforms and or tools. The provisions of this subclause do not apply where the uniform and/or tools is provided by the employer.
