Current Standards in the Nail Workplace

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Re: Current Standards in the Nail Workplace

Postby SaharaLily » Fri Feb 25, 2011 11:14 pm

Hmmm I was under the assumption that according to the work place agreement, if ur a casual u can be fired on the spot. That's how I read it.
Under the old workplace agreement, u had to be given 3 warnings and 2 weeks written notice. :?:

In some industries, such as the health care sector, casuals ARE paid penalty rates for Saturday, Sunday & Public Holidays
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Re: Current Standards in the Nail Workplace

Postby passion_4_nails » Sat Feb 26, 2011 6:05 pm

SaharaLily wrote:Hmmm I was under the assumption that according to the work place agreement, if ur a casual u can be fired on the spot. That's how I read it.
Under the old workplace agreement, u had to be given 3 warnings and 2 weeks written notice. :?:

In some industries, such as the health care sector, casuals ARE paid penalty rates for Saturday, Sunday & Public Holidays


That's the way it is around here...sneeze the wrong way and you're goneskis...i guess what's why they keep everyone casual....to weed out the bad eggs :lol:
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Re: Current Standards in the Nail Workplace

Postby Shimmy » Mon Feb 28, 2011 4:55 pm

Being casual means you can be fired or 'let go' spontaneously. This is the basis of being casual and also why some people prefer to hire casuals. Conversely, casuals don't have to give notice to quit either so it works both ways. Holiday and sick pay is factored into a casual rate which is why it is higher than a permanent or salaried rate although you should be getting penalty rates (if not subject to a workplace agreement).

With contractors, your materials, holiday pay, sick pay and insurances are all factored into the one rate you invoice which means it's much higher than a casual, perm/salaried counterpart.

The above is just a basic overview of rights across the board, not for any specific award. Obviously workplace agreements are illegal now unless they were made prior to them being banned and they have an expiry date.

It's really interesting to read as to how these positions are being interpreted in the nail workplace. Hmm! :D
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Re: Current Standards in the Nail Workplace

Postby Tess » Mon Feb 28, 2011 5:46 pm

Casual Work and Unfair Dismissal
Under the new Fair Work laws casual workers have the same access to unfair dismissal provisions as permanent workers.

Casual workers have the right to lodge an unfair dismissal claim provided that they have worked 6 months in the same job. If the company they work for has fewer than 15 full-time, part-time or regular casual employees (and is hence considered a small business) they will need to have worked for 12 months before they access unfair dismissal protections.


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Re: Current Standards in the Nail Workplace

Postby Shimmy » Tue Mar 01, 2011 1:28 pm

Yes, but what about the rest? :D You've left quite a bit out there, Tess.

Casual workers when they can successfully prove systemic employment and have adhered to the required waiting periods under the Fair Work Act can have access to the same remedies as permanent workers but whether they get them or not is a different matter entirely.

The main reason for this is that it is largely accepted that casual employment by its very nature is employment on an informal, uncertain and irregular basis. When you are casual, there is no expectation of ongoing employment. This is also why under the Act a casual employee has to prove regular, systemic employment with the one employer for a certain period of time to prove their case. But under the present definitions found in workplace agreements and employment law (and, ironically not in the Act as there isn't one), this is not deemed to be casual work. This is where the pickle is.

Partly for this reason, the Act provides that awards must impose a loading on the rate of a casual’s wage. Pay loadings of at least 20% on the basic rate of pay are required to be paid (most go to 25% these days). The national minimum wage order must also set the casual loading for award/agreement free employees. This is to compensate the casual for the fact he or she is not entitled to annual leave, sick leave, and severance pay if the position is terminated. None of the above includes contractors which are separate again.

The above is part of my experience as my job in area management because if I don't abide by the rules, I/my employer can be heavily fined. I stress I have not with the employment of nail technicians which is what prompted this thread but the feedback in here prompts me to do some research and ask myself the question: "Am I better off being employed or employing myself?"

Thanks for all your responses :D
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Re: Current Standards in the Nail Workplace

Postby passion_4_nails » Tue Mar 01, 2011 2:30 pm

Shimmy wrote: I stress I have not with the employment of nail technicians which is what prompted this thread but the feedback in here prompts me to do some research and ask myself the question: "Am I better off being employed or employing myself?"


When you actually find out about nail technicians that would be helpful :D
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Re: Current Standards in the Nail Workplace

Postby Tess » Tue Mar 01, 2011 2:46 pm

The above is part of my experience as my job in area management


Great you have an experienced job to fall back on if this doesn't work out for you :D
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Re: Current Standards in the Nail Workplace

Postby Shimmy » Thu Mar 03, 2011 10:20 pm

When you actually find out about nail technicians that would be helpful


Came up with a raft of information regarding the employment of nail technicians both in SA and other states and territories. A bit of reading involved but very interesting and almost what I expected. I think I've answered my own question. :D
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Re: Current Standards in the Nail Workplace

Postby passion_4_nails » Fri Mar 04, 2011 6:23 pm

Shimmy wrote:
When you actually find out about nail technicians that would be helpful


Came up with a raft of information regarding the employment of nail technicians both in SA and other states and territories. A bit of reading involved but very interesting and almost what I expected. I think I've answered my own question. :D


Jolly good :wink:
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Re: Current Standards in the Nail Workplace

Postby Tess » Fri Mar 04, 2011 7:46 pm

Shimmy wrote:
When you actually find out about nail technicians that would be helpful


Came up with a raft of information regarding the employment of nail technicians both in SA and other states and territories. A bit of reading involved but very interesting and almost what I expected. I think I've answered my own question. :D



Perhaps you could share your answers with those that were kind enough to help you? :D
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Re: Current Standards in the Nail Workplace

Postby SaharaLily » Fri Mar 04, 2011 7:47 pm

Shimmy wrote:Came up with a raft of information regarding the employment of nail technicians both in SA and other states and territories. A bit of reading involved but very interesting and almost what I expected. I think I've answered my own question. :D


Being a nail tech in SA, I would most certainly be interested in a good read ;)
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Re: Current Standards in the Nail Workplace

Postby Shimmy » Fri Mar 04, 2011 11:27 pm

Perhaps you could share your answers with those that were kind enough to help you?


Absolutely, I already have. It was the first thing I did.
Thanks again to those who helped me out. :D
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