On 18 January 2022, the Fair Work Commission (Commission) issued a determination to affect its decision concerning the overtime penalty rates for full-time or part-time employees under the Hair and Beauty Industry Award 2010 (Award). The Commission found that clause 31 of the Award does not appear to prescribe penalty rates for work performed by a full-time or part-time employee outside the spread of hours in clause 28.2(a) or in excess of the daily hours specified in clause 28.3. The Commission considers this a clear anomaly and aims to address with the below changes.
 

What are the main changes?

• Deleting clause 28.3 and inserting the following:
  • An employee may be rostered to work up to a maximum of nine ordinary hours on any day, except that an employee may be rostered to work one 10.5 ordinary hour day per week and by mutual agreement in writing, a second 10.5 ordinary hour day.
• By deleting clause 31.2(a) and inserting the following:
  • (a) Overtime—full time and part-time employees
    • (i) Hours worked by full-time employees:
      • (A) in excess of the number of weekly ordinary hours of work prescribed in clause 28.2;
      • (B) outside the spread of ordinary hours prescribed in clause 28.2; or
      • (C) in excess of the maximum daily ordinary hours prescribed in clause 28.3.
  • are overtime hours and are to be paid at 150% of the ordinary hourly rate of pay for the first three hours and 200% of the ordinary hourly rate of pay after three hours.
    • (ii) Hours worked by part-time employees:
      • (A) in excess of the number of hours of work agreed in clause 12.2 or as varied in clause 12.3;
      • (B) outside the spread of ordinary hours prescribed in clause 28.2; or
      • (C) in excess of the maximum daily ordinary hours prescribed in clause 28.3.
  • are overtime hours and are to be paid at 150% of the ordinary hourly rate of pay for the first three hours and 200% of the ordinary hourly rate of pay after three hours.

When will the changes come into effect?

The changes come into operation from the first full pay period on or after 31 January 2022.

To view the decisions click here.
To view the determinations click here.

Further information

To view the varied Award from the operative date above click here.