s 160 - Variation of modern award to remove ambiguity or uncertainty or correct error

Application by Stanley Abbott trading as Abbott's Barber

[MA000005]

Application to vary a modern award to remove ambiguity or uncertainty or correct error - Hair and Beauty Industry Award 2020 - Clause 23.2 and Schedule B.2.1- Casual Penalty Rates - error or anomaly in the clause - publication of research paper.

• [1] An application was made by Stanley Abbott trading as Abbott's Barber on 26 June 2025 to vary clause B.2.1 of Schedule B of the Hair and Beauty Industry Award 2020[1] (the award)[2] to remove a potential anomaly or error identified where the penalty rate for ordinary hours worked by a casual employee between 7am and 6pm on a Saturday is higher than the penalty rate for hours worked by a casual employee outside of the span of ordinary hours, before 7am and after 6pm, on a Saturday.

• [2] At a Directions hearing on 14 October 2025, I indicated that research regarding the potential anomaly or error prepared by staff of the Commission would be published, and parties would be given 21 days to make submissions in response.[3]

• [3] A research paper which examines the history of the potential error or anomaly identified in clause 23.2 and clause B.2.1 of the award is published with this Statement. That research paper indicates that the error or anomaly has arisen because the penalty rate for ordinary hours worked by a casual outside the span of 7am and 6pm on a Saturday does not include the 25% casual loading.

• [4] Interested parties are invited to file submissions in response to the research paper. Submissions must be sent to awards@fwc.gov.au by 12.00 pm (AEDT) on Friday, 12 December 2025.

[1] MA000005.

[2] Application by Stanley John Abbott t/a Abbott's Barber, 26 June 2025.

[3] Transcript - 14 October 2025, [16].

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