Private sector employers and employees
Contact Wageline
Within Western Australia: 1300 655 266
Outside Western Australia: 08 6251 2100
wageline@dmirs.wa.gov.au
Mailing address
Locked Bag 14
Cloisters Square WA 6850
Employment obligations in nail salons
Office closure
Our offices will close from Monday 24 December 2018 and will reopen on Thursday 3 January 2019. For urgent assistance during that period you can contact us.
In November 2018, Private Sector Labour Relations started running a campaign to educate nail salon businesses about their employment obligations. This was initiated after a compliance audit earlier in 2018 found that a large proportion of nail and beauty businesses were not paying their employees correctly. Information about the findings of this compliance audit is available on the Wageline website.
During the education component of the current campaign, a letter and information brochure were sent to all nail salon businesses which operate within the state industrial relations system.
Nail salons in the state industrial relations system are those where the business operates as
- sole traders (eg Jane Smith trading as Jane’s Nails),
- unincorporated partnerships (eg Jane and Bob Smith trading as Jane’s Nails)
- unincorporated trust arrangements (Jane and Bob Smith as trustees for Jane’s Nails).
Following the education campaign, industrial inspectors from Private Sector Labour Relations commenced auditing selected businesses to ensure that employees are receiving their correct entitlements and proper records are being kept.
If you operate a nail salon business in the state industrial relations system, you must provide your staff the required entitlements and maintain accurate records.
Key employment obligations for nail salon business owners:
Staff pay and entitlements
You must pay all staff at least the minimum rate of pay relevant to their age for every hour worked in the business.
The correct legal minimum rates of pay are on the minimum pay rates for award free employees page. It is unlawful for employers to pay employees less than the minimum rate of pay.
Review your records and ensure employees are receiving the correct wage for their age and employment type (e.g. casuals must receive a 20% loading).
Leave entitlements
You also much provide leave entitlements for all staff as required by the Minimum Conditions of Employment Act 1993 and the Long Service Leave Act 1958.
This quick reference guide shows basic leave entitlements for full time, part time and casual employees.
| Leave entitlement | Full time employees | Part time employees | Casual employees |
|---|---|---|---|
| Paid annual leave | Yes | Yes | No |
| Paid sick and carers leave | Yes | Yes | No |
| Unpaid carers leave | Yes | Yes | Yes |
| Paid bereavement leave | Yes | Yes | Yes |
| Unpaid parental leave | Yes | Yes | Yes |
| Paid long service leave | Yes | Yes | Yes |
You can find extensive information about annual, sick and other leave or information specifically about long service leave on the Wageline website.
The award free employees minimum pay rates and entitlements publication provides a summary of pay and entitlements for award free employees, including manicurists and nail technicians.
Record keeping
You must keep employment records for all employees of the business.
The Minimum Conditions of Employment Act 1993 specifies that employers must keep employment records for all employees of the business which detail:
- the employee's name
- the employee's date of birth if under 21 years of age
- the date the employment started
- total number of hours worked each week (this does not apply to employees earning $45,000 or more per year)
- the gross and net amounts paid to the employee
- all pay deductions and the reasons for them
- all leave take, whether paid, partly paid or unpaid
- all information required to calculate long service leave entitlements and payment
Employment records can be written or electronic, and must be kept in English.
Visit the record keeping requirements page for more information, including six suggested templates. The templates have been designed to help businesses adhere to legislative record keeping requirements.
Employers can be penalised up to $5,000 for not keeping employment records, or for keeping inadequate or fraudulent records.
If I have questions about my employment obligations such as pay rates and leave who should I contact?
State system employers should view information on pay rates on this website or contact Wageline on wageline@dmirs.wa.gov.au or 1300 655 266.
Other employment obligations
Nail salon owners have a range of other employment obligations - find out where you can get help with these.
Nail salons and hazardous substances – safety issues
There are safety considerations for nail salons. Nail salon work involves the use of hazardous substances to apply false nails to clients’ fingers or to polish the clients’ nails. Read more about nail salons and hazardous substances in the WorkSafe section of this website.
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