REVIEW OF HAIRDRESSERS AWARD 1989 PURSUANT TO S 40B OF THE INDUSTRIAL RELATIONS ACT 1979 (WA)

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

CITATION : 2024 WAIRC 00301

DELIVERED : Thursday, 13 JUNE 2024

FILE NO. : APPL 8 of 2020 and APPL 69 of 2023

Applicant

AND

(Not Applicable)

Respondent

CatchWords : Industrial Law (WA) – Commission’s own motion – Section 40B(1) of the Industrial Relations Act 1979 (WA) – Review of private sector award – Removal of obsolete, out of date and discriminatory provisions – Variations to ensure award facilitates efficient organisation and performance of work balanced with fairness – Award varied

Legislation : Industrial Relations Act 1979 (WA)

Equal Opportunity Act 1984 (WA)

Hairdressers Registration Act 1946 (WA)

Industrial Relations Legislation Amendment and Repeal Act 1995 (WA)

Industrial Training Act 1975 (WA)

Labour Relations Reform Act 2002 (WA)

Long Service Leave Act 1958 (WA)

Minimum Conditions of Employment Act 1993 (WA)

Public and Bank Holidays Act 1972 (WA)

Retail Trading Hours Act 1987 (WA)

Vocational Education and Training Act 1996 (WA)

Australian Industrial Relations Act 1988 (Cth)

Fair Work Act 2009 (Cth)  

Result : Award varied

Representation:

Mr B Entrekin on behalf of the Hon. Minister for Industrial Relations

Mr L Marshall on behalf of the Master Hairdressers’ Industrial Union of Employers of W.A.

Ms T Zeid on behalf of the Shop, Distributive & Allied Employees' Association of Western Australia

Mr C Dunne on behalf of the Australian Workers’ Union

Case(s) referred to in reasons:

Commission’s Own Motion (2023) WAIRC 836.

Order(s) referred to in reasons:

Annual Wage Review 2022–23 – National Minimum Wage Order 2023 [PR762107]

Minister for Employment Protection v Trades and Labor Council of Western Australia [2007] WAIRC 00382; (2007) 87 WAIG 735

Trades and Labor Council of Western Australia v Minister for Consumer and Employment Protection [2005] WAIRC 01715; 85 WAIG 1667

UnionsWA Incorporated v Minister for Industrial Relations [2023] WAIRC 00276; (2023) 103 WAIG 530

Reasons for Decision

1         The Commission, of its own motion, initiated these matters for variation of the Hairdressers Award 1989 under s 40B of the Industrial Relations Act 1979 (WA) (IR Act). Section 40B allows the Commission to vary an award for any one or more of the following purposes:

(a) to ensure that the award does not contain wages that are less than the minimum award wage as ordered by the Commission under s 50A;

(b) to ensure that the award does not contain conditions of employment that are less favourable than those provided by the Minimum Conditions of Employment Act 1993 (WA) (MCE Act);

(c) to ensure that the award does not contain provisions that discriminate against an employee on any ground on which discrimination in work is unlawful under the Equal Opportunity Act 1984 (WA);

(d) to ensure that the award does not contain provisions that are obsolete or need updating; and

(e) to ensure that the award is consistent with the facilitation of the efficient organisation and performance of work according to the needs of an industry and enterprises within it, balanced with fairness to the employees in the industry and enterprises.

2         The Award has not been varied substantively since 2012. Many of its provisions were outdated or obsolete. It contained provisions that were less favourable than the MCE Act. It contained classifications and a range of other provisions based on the requirement for hairdressers to be registered in accordance with the Hairdressers Registration Act 1946 (WA) (Hairdressers Registration Act). That Act was repealed in 2012, and hairdressers are no longer required or able to be registered in Western Australia. The allowances in the Award had not been updated for many years, and their value has reduced over time.

3         The Commission provided notice of its intention to vary the Award to UnionsWA, the Chamber of Commerce and Industry WA, the Association of Mining and Exploration Companies, the Minister for Industrial Relations, the Australian Workers’ Union and each of the parties to the Award being the Shop, Distributive and Allied Employees’ Association of Western Australia (SDA), the Master Hairdressers’ Industrial Union of Employers of W.A. (MHA) and all named individual employers.

4         The Commission then convened a conference to seek input from interested parties about the issues with the Award, and the appropriate drafting revisions to address them.

5         The Minister was represented at the conference by Mr Brendon Entrekin of the Private Sector Labour Relations Division of the Department of Mines, Industry Regulation and Safety. Mr Entrekin provided the Commission with thorough and comprehensive feedback and drafting suggestions as well as assisting other parties to enable them to participate meaningfully in the proceedings.

6         The MHA was represented by Mr Les Marshall.

7         The Commission is grateful to those involved in these proceedings for their assistance.

8         After the conference, the Commission published notice of proposed variations to the Award, pursuant to s 40B(2). A hearing was convened on 19 February 2024 for the purpose of affording interested persons an opportunity to be heard in relation to those proposed variations.

9         Some issues were raised in relation to the proposed variations, and other issues with the Award were identified. Mr Entrekin again liaised with the MHA and SDA over the months following the hearing to produce further proposed variations which the MHA and SDA consented to.

10      Those further variations, as reflected in the Schedule to these reasons, were published and a further hearing was convened on 13 June 2024 to hear from any interested parties in relation to them.

11      No one has objected to the variations most recently published. Accordingly, I ordered that the Award be varied in accordance with the variations set out in the Schedule which follows these reasons.

12      In the following paragraphs, I set out briefly the rationale for the variations contained in the Schedule.

Clause 1 – Title

13      Obsolete references to the year of the Award and predecessor awards have been removed. The new title foreshadows a possible expansion of the scope of the Award to the beauty industry in under s 37D of the IR Act in CICS 13 of 2022, and includes ‘(WA)’ to avoid confusion with the modern award under the Fair Work Act 2009 (Cth) (FW Act).

Clause 2 – Arrangement

14      Like clauses have been grouped together under functional headings in a standard arrangements clause.

Clause 3 – Area and scope

15      This clause is unchanged, but is the subject of review in CICS 13 of 2022.

Clause 4 – Term

16      This clause is deleted as it is obsolete.

Clause 4 – Definitions

17      Previous definitions clause 5 has been renumbered as clause 4. Several definitions have been updated or contemporised and new definitions have been added. Several old definitions are no longer relevant as they reflect a scheme of regulation under the now repealed Hairdressers Registration Act.

18      The classifications referred to in the definitions clause have been moved to Schedule C.

Clause 5 – Engagement

19      Clause 12 headed ‘Contract of Employment and Termination’ has been moved to clause 5 and clause 6.

20      The types of employment (full-time, part-time, and casual) are each stepped out, consistent with other contemporary awards.

21      The ordinary hours of work for casual employees are up to 38 hours (previously 32 hours), after which overtime rates are payable.

Clause 6 – Termination of employment

22      Provisions about termination of employment have been separated from provisions about engagement. The new clause has been updated for consistency with the National Employment Standards (NES) of the FW Act, Division 3 of Part 6-3 which requires non-national system employers (including employers in the state industrial relations system) to provide notice of termination or payment in lieu to employees.

23      As probationary periods are optional in the updated Award, reference to the probationary period has been removed, and replaced with ‘first 2 months’ of employment for the purpose of employee notice of termination.

24      The previous provision waiving the requirement for the employer to give notice of termination to probationary employees has been removed, as being inconsistent with the NES. So too have provisions requiring an employee to forfeit pay in lieu of giving notice as this may be incompatible with s 10 of the MCE Act which provides that an employee is entitled to be paid the applicable minimum weekly rate of pay under the MCE Act for all hours worked.

25      The list of attributes which are protected from termination on discriminatory grounds has been extended to include sexual orientation, gender history, gender identity, breastfeeding, disability and age.

Clause 7 – Hours

26      Hours of work was previously dealt with in clause 6. Clause 6 did not reflect contemporary retail trading hours arrangements, rather the hours were linked to earlier iterations of the Retail Trading Hours Act 1987 (WA) (Retail Trading Hours Act).

27      The span of ordinary hours has been updated to reflect current retail trading hours under the Retail Trading Hours Act. Under that Act, hairdressing establishments are now able to trade between 6:00 pm and 9:00 pm on all weekday evenings, and on Sundays. Accordingly, the span of ordinary hours has been extended for Monday to Friday to finish at 9:00 pm on all evenings. The span of ordinary hours for Saturdays is extended to 8:00 pm. Ordinary hours on Sundays, from 9:00 am to 5:00 pm has been added.

28      This clause has also been reworded for clarity and restructured for ease of reference. It includes reference to Easter Sunday as a public holiday.

Clause 8 – Display of rosters

29      This clause was previously clause 7. Apart from some minor updating of terminology, the only changes of substance are:

(a) That a roster is to cover the period Monday to Sunday (rather than Monday to Saturday) to ensure rostering arrangements for businesses that operate on Sundays are accounted for. This does not require a business to open on Sunday.

(b) Rosters may be provided electronically.

Clause 9 – Overtime

30      Overtime was previously dealt with in clause 8.

31      The previous sub-clause (1)(a) has been removed as it was confusing, inaccurate and out of date given changes to the hours of duty and roster provisions.

32      The key provisions of this clause are largely unchanged, although some of the wording has been updated for clarity. The main change of note is to expressly clarify that casual employees are entitled to overtime (reflecting the status quo).

Clause 10– Meal times and break periods

33      Clause 10 deals with meal times and break periods and replaces previous clause 15.

34      The core tenets of the previous clause have been retained, however the clause has been modernised based on the form of words used in the recently varied Shop and Warehouse (Wholesale and Retail Establishments) Award 1977 (SWA), given the fairly close historical nexus between the meal break provisions of the Award and the SWA.

35      For ease of reference, a table has been included that lists the ordinary hours in the shift and the corresponding meal break and rest break entitlements.

Clause 11 – Public holidays

36      Clause 11 deals with public holidays and replaces the previous clause 9. The key provisions of this clause are largely unchanged, although some of the wording has been updated for clarity. The main changes of note are:

(a) ‘holiday’ and ‘holidays’ are changed to ‘public holiday’ and ‘public holidays’ to avoid confusion with other types of leave.

(b) Easter Sunday has been included as a public holiday in the Award, reflecting the provisions of s 3(2) and s 3(3) of the Public and Bank Holidays Act 1972 (WA). To achieve consistency with that Act, it is necessary to stipulate Easter Sunday is not substituted for another day because it falls on a weekend.

(c) ‘Foundation Day’ has been changed to ‘Western Australia Day’.

(d) The provision regarding special public holidays has been amended, so that all special public holidays are recognised under the Award (regardless of whether they apply throughout the State or to a particular district or locality). This ensures the Award is compliant with the General Order concerning special public holidays: UnionsWA Incorporated v Minister for Industrial Relations [2023] WAIRC 00276; (2023) 103 WAIG 530.

(e) Provisions enabling an employee to forfeit wages where the employee has been absent without leave on the day before or after a public holiday have been removed as they are inconsistent with, and less favourable than, the MCE Act.

Clause 12 – Annual leave

37      Clause 12 deals with annual leave and replaces the previous clause 10.

38      The previous annual leave provisions were less favourable compared with the corresponding provisions of the MCE Act in several respects.

39      The provisions of this clause have been simplified by incorporating the annual leave provisions of the MCE Act, to ensure the Award is not less favourable than the statutory entitlements currently applying.

Clause 13 – Personal leave

40      Clause 13 deals with personal leave and replaces the previous clause 14.

41      The previous clause was inconsistent with or less favourable than the MCE Act in several respects.

42      References to ‘sick pay’ and ‘sick leave’ have been replaced with ‘personal leave’, reflecting the provisions of the MCE Act.

43      The provisions of this clause have been simplified by incorporating the personal leave provisions of the MCE Act, to ensure the Award is not less favourable than the statutory entitlements currently applying.

44      Evidentiary requirements for applications for personal leave are aligned with the MCE Act.

45      Provisions regarding the crediting of sick leave on the transmission of business have been updated so that personal leave credits are carried over on the ‘transfer of business’, consistent with the terminology that now applies in the Long Service Leave Act 1958 (WA) (LSL Act). This reflects the fact the old ‘transmission of business provisions’ are no longer in use, and the long service leave provisions that used to apply to State awards were repealed in 2006.

Clause 14 – Long service leave

46      Clause 14 deals with long service leave and replaces the previous clause 21.

47      There is essentially no change to this clause except the reference to ‘the long service provisions’ has been updated to the LSL Act, reflecting the repeal of the long service leave provisions in 2006. There is no change to the actual entitlement as a reference to the long service leave provisions is now taken to be a reference to the LSL Act.

Clause 15 – Parental leave

48      Clause 15 deals with parental leave. The Award made no provision for parental leave.

49      The new clause refers to parental leave being provided in accordance with the FW Act and the MCE Act. Sate system employers and employees are subject to the provisions of Division 5 of Part 2-2 of the FW Act, as well as any more favourable provisions currently contained in the MCE Act.

Clause 16 – Bereavement leave

50      Clause 16 replaces the previous clause 28 – Compassionate Leave.

51      The clause has been updated to refer to the provisions of the MCE Act which is more favourable than the previous provisions.

Clause 17 – Family and domestic violence leave

52      This is a new clause. The Award made no provision for family and domestic violence leave.

53      The clause refers to the provisions of the FW Act for paid family and domestic violence leave which apply to state system employers and employees, as well as relevant provisions of the MCE Act.

Clause 18 – Wages

54      Wages were previously dealt with in clause 11.

55      The Award previously only contained two classifications, which is not reflective of the current deregulated nature of the hairdressing industry. ‘Principal’ and ‘Senior’ were classifications that reflected the scheme of regulation under the now repealed Hairdressers Registration Act.

56      References to the historical incorporation of an all-purpose loading in lieu of penalties being incorporated in the rates of pay has been removed, as that loading had been calculated on the basis of the previous span of ordinary hours. The rates have been ‘unloaded’ to create a standard base rate of pay to make the Award simpler to understand and apply.

57      Penalty rates have been separately set out in a table, consistent with the penalty rates contained in the Hair and Beauty Industry Award 2020 made under the FW Act (Modern Award).

58      New classifications have been included, to align with the classifications in the Modern Award. The previous classifications of ‘Principal’ and ‘Senior’ are based on the scheme of registration of hairdressers which existed prior to abolition of the Hairdressers Registration Board of Western Australia in 2011.

59      The previous clause provided wage rates for a four-year apprenticeship, however four-year apprenticeships have not been available in hairdressing for many years. The rates for four-year term apprenticeships have been removed.

60      Variations have been made to reflect the 2007 General Order dealing with part-time and school-based apprenticeships: Minister for Employment Protection v Trades and Labor Council of Western Australia [2007] WAIRC 00382; (2007) 87 WAIG 735.

61      References to ‘indentured’ apprentices and ‘Trade Training Schedule’ have been replaced with contemporary terms, or terms that are easier to understand.

62      The previous sub-clause headed ‘Ban on Sub-Contracting’ has been removed. It purported to prohibit an employer from renting a portion of the salon to an employee or employing any employee on a commission only basis, or in any other manner not prescribed in the award. The clause is unnecessary.

Clause 19 - Traineeships

63      This is a new clause.

64      As there are several traineeships relevant to the hair and beauty industry in Western Australia, and trainees are unlikely to be covered by an award due to the lack of an applicable classification in the Award, it is desirable to include provision for trainees.

65      To achieve consistency with the national training wage system, the new clause directly incorporates the minimum pay and conditions applying to trainees in the national industrial relations system. This will ensure that trainees working under the Award are paid the appropriate national wage rate for the skill level that corresponds to the relevant traineeship.

Clause 20 – Supported wages employees

66      Clause 20 deals with supported wages employees and replaces the previous clause 25.

67      While there are no substantive changes, a variety of minor miscellaneous amendments have been made to the wording of the clause to make it consistent with the template provisions applying in the national industrial relations system (including for employees working under national modern awards and for award/agreement free employees under the National Minimum Wage Order: Annual Wage Review 2022–23 – National Minimum Wage Order 2023 [PR762107]). A similar exercise was undertaken when the Metal Trades (General) Award 1966 was updated under s 40B of the IR Act  in 2022.

68      The Supported Wage System is intended to operate in a uniform manner throughout Australia with regard to employees with a disability, and the updates to this clause will ensure it remains contemporary and reflects the current provisions applying in other jurisdictions.

Clause 21 – Superannuation

69      Previous clause 29 dealt with employer superannuation obligations. Most of its provisions are now out-of-date and inconsistent with Commonwealth superannuation legislation. The clause has been renumbered and updated to mirror the provisions of the IR Act.

Clause 22 – Payment of wages

70      Previous clause 30 dealt with the payment of wages. This clause has been renumbered without any substantive changes, except that the option of payment by cheque has been removed, in line with contemporary practices.

71      The reference to disputes concerning changes in methods of payment has been varied, by replacing the reference to the ‘Board of Reference’ with reference to the clause 33 – Disputes procedure.

Clause 23 – Time and wages record

72      This clause replaces the previous clause 17 – Time and wages record. The previous clause contained some provisions that were inconsistent with statutory requirements regarding record keeping and access to employment records under the IR Act and the LSL Act. For example, clause 17(1)(b) required employers to record ‘the age of apprentices’ whereas s 49D of the IR Act and s 26 of the LSL Act require that where an employee is under 21 years of age, the employee’s date of birth must be recorded.

73      The IR Act and the LSL Act require records to be kept for not less than seven years: IR Act at s 49D(3)(b)(ii) and s 49D(3)(c); LSL Act at s 26A(2)(b).

74      The new clause aligns record keeping requirements with the requirements of Division 2F of Part 2 of the IR Act.

Clause 24 – Meal allowance

75      Clause 24 deals with meal allowances and replaces the previous clause 16 – Meal money.

76      The amounts payable for meal allowances have not been adjusted for a number of years, and to ensure they are kept up to date, the Award directly incorporates the meal allowances that are currently payable under the Modern Award. These amounts are regularly adjusted by the Fair Work Commission, and referring to them directly will ensure the meal allowances in the Award are self-updating.

77      For consistency with the Modern Award, an option has also been included for the employer to supply the employee with a meal, in lieu of paying a meal allowance.

78      The clause limits the evening meal allowance to one per week, effectively preserving the status quo, where the evening meal allowance was only payable on the ‘day’ of late-night trading.

Clause 25 – Location allowance

79      Clause 25 deals with location allowances and replaces the previous clause 31. No substantive changes have been made to the clause.

Clause 26 – First aid allowance

80      Clause 26 deals with the first aid allowance and replaces the previous clause 32.

81      The previous allowance has not been updated for a number of years, so in order to ensure it is kept up to date the dollar amount has been replaced with a self-updating formula, using the methodology found in the Modern Award.

82      References to the name of the first aid qualifications have also been updated.

Clause 27 – Breakdowns

83      Clause 27 deals with breakdowns and replaces the previous clause 18. No substantive changes have been made to this clause.

Clause 28 – Posting of award

84      Clause 28 deals with the posting of the Award and replaces the previous clause 19.

85      This clause required the employer to keep a copy of the award posted in the staff room. Reference to the staff room has been removed, as some employers may not have a staff room. Additionally, the clause permits a copy of the Award to be made available electronically.

Clause 29 – Tools of trade

86      Clause 29 deals with the provision of tools of trades by employees and replaces the previous clause 22.

87      The clause has been reworded to be less prescriptive about exactly what tools of trade must be supplied by employees, as this may vary depending on the type of establishment or salon. The wording mirrors the wording used in the Modern Award.

88      The amount of the Tool Allowances has also been linked to the equivalent allowance in the Modern Award, to ensure that the allowance is self-updating.

Clause 30 – Proportion

89      Clause 30 sets out the maximum number of apprentices that can be employed by reference to the number of qualified hairdressers and replaces the previous clause 24. It has been updated to reflect the revised classifications and to make the clause easier to understand.

Clause 31 – Uniforms

90      Clause 31 deals with uniforms and replaces previous clause 27. No substantive changes have been made to this clause.

Clause 32 – Introduction of change

91      Clause 32 deals with the introduction of change and replaces clause 35 in the previous award.

92      There is little change between the old and new versions of the clause, although minor miscellaneous updates have been made to the wording to ensure consistency with the termination, change and redundance General Order: Trades and Labor Council of Western Australia v Minister for Consumer and Employment Protection [2005] WAIRC 01715; 85 WAIG 1667.

Clause 33 – Disputes procedure

93      Clause 33 deals with the resolution of disputes and replaces the previous clause 36.

94      No substantive changes have been made to the clause, although some of the historic references to the dates that various parts of the clause were first inserted into the Award have been removed.

Schedule A – Respondents

95      This schedule has been renamed and replaces the previous ‘First Schedule – Respondents’.

96      Named respondents who are known to be deregistered or no longer in existence have been removed from the schedule. As the scope of the Award is not defined by reference to the respondents, this change has no substantive effect on the scope of the Award.

Schedule B – Named Union Party

97      The schedule has been renamed and replaces the previous ‘Second Schedule – Named Union Party’.

Schedule C – Classifications

98      All classifications have been included in the new Schedule C. For ease of reference, the Levels for the Hairdressing Classifications and the Beauty Therapy Classifications stream are split, so that readers can easily locate the classification relevant to them.

99      The classifications are largely based on those contained in the Modern Award.

100   Employees with a Certificate III in Hairdressing or Barbering (or equivalent) are classified at Level 3.

101   Reference to ‘barbers’ or ‘barbering’ have been included in the definitions, as some salons specialise in barbering and people are able to undertake a Certificate III in Barbering in Western Australia.

102   Reference to Certificate III qualifications in Nail Technology and Make-Up are included as these qualifications are available in Western Australia at a Certificate III level but not at a Certificate II level.

103   Reference is also made to Diploma qualifications in Salon Management and Cosmetic Tattooing as these qualifications are available in Western Australia.

Previous clause 20 – Staff room

104   This clause provided:

The employer shall provide a suitable room or accommodation for employees in which to change and keep their clothes while on duty.

105   The clause has been deleted. Given that many employers covered by the Award are small businesses, their premises may not include a separate change room or clothes storage area.

Previous clause 23 – Premiums

106   This clause stated:

No person shall directly or indirectly request or permit any other person to pay or give, or shall receive from any person, any premiums, bonuses, consideration or payment for employing or teaching or purporting to employ or teach such person, or any other person, any of the callings to which this award applies.

107   The intent of the clause was not clear. If its effect is to prohibit the engagement of apprentices under group training arrangements, that effect is undesirable. The clause has been deleted.

Previous clause 33 – Enterprise bargaining

108   This clause purported to allow single enterprise agreements to be made, prevailing over the conditions in the Award, such agreements to be ‘ratified in the appropriate manner’ by the Commission. The IR Act sets out the requirements for making industrial agreements for single enterprises. The clause has been deleted as it is obsolete: see Commission’s Own Motion (2023) WAIRC 836.

Previous clause 13 – Registration

109   The previous clause 13 – Registration has been deleted as it is obsolete. It prohibited employment as a hairdresser, other than an apprentice, except if registered by the Hairdressers Registration Board of Western Australia. The Board has been abolished.

Previous clause 34 – Consultative procedures

110   This clause required ‘the parties to this Award’ to cooperate in establishing a consultative committee at an enterprise level. The clause was introduced in 1993. It appears to now be irrelevant. Given employers in the state system are now likely to be mostly small businesses, and that the respondents to the Award are few, it is unlikely any such consultative committees have been established in recent years. The clause has been removed as obsolete.

Previous clause 26 – Board of reference

111   This clause previously established a board of reference for the Award and outlined how it was to be constituted. It is not a requirement that awards specifically refer to a board of reference, particularly if there is nothing contained in the award for a board of reference to determine.

112   Mention of a board of reference determining these issues has been removed from the Award, as there is now a modern dispute resolution provision that can be used to deal with questions, difficulties or disputes.

Previous appendix – s.49B – Inspection of records requirements

113   This appendix is outdated, being inserted in the Award in 1996 pursuant to the Industrial Relations Legislation Amendment and Repeal Act 1995 (WA) and to comply with what was then contained in s 49B of the IR Act, which was repealed pursuant to s 145 of the Labour Relations Reform Act 2002 (WA). The information in the appendix is therefore outdated and does not reflect the current statutory provisions regarding inspection of records.

114   The appendix has been removed in its entirety.

Other changes

115   Gendered language has been removed.

116   Numbers expressed in words have been changed to be expressed in digits.

117   Obsolete references to ‘late night trading’ have been removed.

118   Outdated references to legislation have been updated including references to the

(a) Hairdressers Registration Act, repealed in 2012;

(b) Industrial Training Act 1975 (WA) which has been superseded by the Vocational Education and Training Act 1996 (WA);

(c)               ‘Workers Compensation Act’, with the correct title being the Workers Compensation and Injury Management Act 2023 (WA) which commences from 1 July 2024.; and

(d) Australian Industrial Relations Act 1988 (Cth), by the FW Act.

119   References to ‘union’ and ‘award’ have been capitalised for consistency.

120   The variations are to take effect on a future date, which will be the same as the date that variations to the scope clause in CICS 13 of 2022 take effect, anticipated to be in the second half of 2024.