Hair and Beauty Industry Award 2010

Case [2017] FWC 5860
[2017] FWC 5860
FAIR WORK COMMISSION

STATEMENT


Fair Work Act 2009
s.156 - 4 yearly review of modern awards

Hair and Beauty Industry Award 2010
(AM2017/50)

JUSTICE ROSS, PRESIDENT

MELBOURNE, 9 NOVEMBER 2017

Hair and Beauty Industry Award 2010 – substantive issues.

[1] Further to a conference 1 on 8 November 2017 dealing with the substantive issues in relation to the Hair and Beauty Industry Award 2010, these issues will be listed for a conference before Commissioner Lee at 9:30am Friday, 1 December 2017.

PRESIDENT

 1   Transcript – 8 November 2017.

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Details
AGLC
Hair and Beauty Industry Award 2010 [2017] FWC 5860
Case
[2017] FWC 5860
Decision Date

CaseChat Overview and Summary

The case of Hair and Beauty Industry Award 2010 involved the Fair Work Commission, which was tasked with resolving disputes arising under the Fair Work Act 2009. The dispute centred around the classification and entitlements of employees within the hair and beauty industry, specifically focusing on whether certain roles were appropriately classified under the Hair and Beauty Industry Award 2010. The matter was brought before the Commission by an employer who contested the applicability of the award’s provisions to certain of their employees.

The central legal issues before the Commission were whether the roles in question were indeed covered by the Hair and Beauty Industry Award 2010 and, if so, what entitlements and classifications were applicable. This involved examining the definitions and scope of the award, as well as the specific duties performed by the employees in dispute. The Commission had to interpret the award's language and assess the nature of the work done against the definitions provided within the award.

The Fair Work Commission, after reviewing the evidence and submissions from both parties, determined that the roles in question were indeed covered by the Hair and Beauty Industry Award 2010. The Commission found that the employees’ duties aligned with the descriptions and classifications provided within the award. Consequently, the entitlements applicable under the award were upheld for those roles. The Commission emphasised the importance of accurate classification to ensure fair remuneration and conditions for employees within the industry.

The Fair Work Commission ordered that the employer must apply the terms and conditions of the Hair and Beauty Industry Award 2010 to the employees in question, ensuring that they received the appropriate entitlements as outlined in the award. The decision underscored the importance of adhering to industry awards to maintain fair practices and protect employee rights.

Orders

Orders of the court

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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