REVIEW OF HAIRDRESSERS AWARD 1989 SCOPE CLAUSE PURSUANT TO S 37D OF THE INDUSTRIAL RELATIONS ACT 1979 (WA)

WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

COMMISSION IN COURT SESSION

CITATION : 2024 WAIRC 00830

DELIVERED : FRIDay, 20 SEPTEMBER 2024

FILE NO. : CICS 13 OF 2022

Applicant

AND

(Not applicable)

Respondent

Catchwords : Industrial Law (WA) – Commission’s Own Motion – Hairdressers Award 1989 – s 37D of the Industrial Relations Act 1979 (WA) – Variation to the scope clause of private sector award – Removal of obsolete legislation – Expanded scope provision – Express application to labour hire businesses and group training services – Addition of classifications for trainees – Award scope varied

Legislation : Hairdressers Registration Act 1946 (WA)

Industrial Relations Act 1979 (WA)

Result : Award varied

Representation:

Case(s) referred to in reasons:

Commission’s Own Motion v (Not applicable) [2023] WAIRC 00801; (2023) 103 WAIG 1752

Reasons for Decision

THE COMMISSION IN COURT SESSION:

1         In reasons for decision concerning the review of the Restaurant, Tearoom and Catering Workers’ Award scope clause under s 37D of the Industrial Relations Act 1979 (WA), the Commission in Court Session set out the process for identifying awards suitable for a scope review, and for reviewing that award’s scope: Commission’s Own Motion v (Not applicable) [2023] WAIRC 00801; (2023) 103 WAIG 1752 (CICS 5 Reasons). It also set out the reasons for and intention behind the scope variations which were made to that award.

2         The Hairdressers Award 1989 was another of the awards identified as suitable for scope review, as a result of the process described in the CICS 5 Reasons.

3         The Commission gave notice of the proposed variations to the Award, and of the opportunity to be heard in relation to them, in the Industrial Gazette and on the Commission’s website. It also gave notice to the Hon. Minister for Industrial Relations, UnionsWA, the Chamber of Commerce and Industry of Western Australia (Inc) and the Australian Resources and Energy Employer Association, formerly known as the Mines and Metals Association.

4         It directed that the following parties to the Award and other organisations be given notice:

(a) The Shop, Distributive & Allied Employees’ Association of Western Australia (SDA);

(b) Master Hairdressers’ Industrial Union of Employers of W.A.;

(c) Hair & Beauty Australia Industry Association; and

(d) six private sector businesses likely to be employers.

5         The six private sector businesses were directed to be given notice as being a sample of employers which the Commission considered were reasonably representative of the employers who would be bound by the proposed variations.

6         Notice of the proposed variations was published on the Commission’s website and in the Industrial Gazette.

7         No individual, organisation or employer has advised the Commission of any opposition to the proposed variations. The Minister and UnionsWA each told the Commission they supported the proposed variations.

Proposed variations

8         The Award’s scope provision is currently defined to have effect throughout the State of Western Australia and to apply to all employees employed in the classification provided in cl 11 of the Award. Clause 11 of the Award outlines the classifications of ‘Senior Hairdresser’, ‘Principal Hairdresser’ and apprentice hairdressers. ‘Senior Hairdresser’ and ‘Principal Hairdresser’ are defined in relation to the now defunct Hairdressers Registration Board of Western Australia. The repeal of the Hairdressers Registration Act 1946 (WA) in 2012 also meant that the classification of ‘Principal Hairdresser’ effectively ceased to have application.

9         The Minister and SDA submitted that the classifications do not reflect the current deregulated nature of the hairdressing industry and references to obsolete legislation should be removed.

10      The Minister also submitted that the beauty industry has grown significantly in recent years, however, beauty therapists remain award free in the Western Australian jurisdiction. The scope variation aims to align with the federal modern award to include beauticians. This complements variations to the Award made in earlier proceedings, in APPL 69 of 2023, to include beauty industry classifications.

11      The proposed variations seek to reflect that the hairdressing industry has been deregulated in Western Australia and expand the scope provision to apply to employers in the hair and beauty industry and their employees.

12      Further variations are intended to:

(a) provide clarification in relation to labour hire businesses and group training services for apprentices or trainees;

(b) provide classifications for trainees; and

(c) expressly state that employers are not subject to more than one award simultaneously in relation to an employee.

13      These purposes are common to the rationale and intent of the variations in the CICS 5 Reasons and the CICS 5 Reasons should be referred to for elaboration about the purpose of the variation.

Conclusion and Order

14      The Commission orders that the Hairdressers Award 1989 be amended in accordance with the Schedule attached to these reasons, with such variations to take effect from 1 January 2025.