In conjunction with many other allowances that employees may be entitled to, ‘special clothing’ and laundry allowances can be confusing and often overlooked by businesses. In many instances, employers fall into the trap of believing that employees can simply claim such expenses on their tax returns. However, this common misconception has left many employers in breach of the applicable Modern Award/s.
Which retail industry-specific awards contain ‘special clothing’ and/or laundry allowances?
The following Modern Awards, specifically pertaining to the retail and quick service sectors, contain a variation of a clothing and/or uniform allowance:
- General Retail Industry Award 2020 (GRIA);
- Fast Food Industry Award 2020 (FFIA);
- Restaurant Industry Award 2020 (RIA); and
- Hair and Beauty Industry Award 2020 (HBIA).
(collectively, Modern Awards)
What is a ‘special clothing’ allowance?
Requiring an employee to wear certain items of clothing will typically trigger a ‘special clothing’ allowance. ‘Special clothing’ is defined as any article of clothing that an employer requires an employee to wear or is necessary for the employee to wear. By way of example, ‘special clothing’ can be items of clothing, including but not limited to, branded uniforms, aprons, steel-capped boots, safety vests, and other protective clothing.
The GRIA, FFIA, HBIA, and RIA all contain a similar provision relating to a ‘special clothing’ allowance, requiring the employer to supply the ‘special clothing’, pay for the ‘special clothing’, or reimburse the employee for the cost of purchasing the ‘special clothing’.
Requiring a general standard of dress, or requiring employees to wear clothing of a certain colour (that the employee could reasonably be expected to already own) is not considered ‘special clothing’.
What is a laundry allowance?
In circumstances where ‘special clothing’ is required to be worn by the employee, and the employee is required to launder that ‘special clothing’, a laundry allowance will typically be triggered.
By way of example, both the GRIA and the FFIA contain a provision for a laundry allowance which stipulates:
“If the employee is responsible for laundering any special clothing that is required to be worn by them, the employer must pay the employee a laundry allowance of:
- $6.25 per week for a full-time employee; and
- $1.25 per shift for a part-time or casual employee.”
Under the RIA, where an employee is responsible for laundering ‘special clothing’, the employer must pay a weekly laundry allowance of an amount agreed between the employer and the employee. In the absence of such an agreement, the employer must reimburse the employee for costs associated with laundering ‘special clothing’. The employer is entitled to ask for evidence of such costs (e.g., receipts).
However, with respect to the HBIA, no laundry allowance is applicable.
Frequently asked questions
Understandably, getting these rules right may still feel confusing. The following examples are designed to help better highlight the differences between what clothing is considered ‘special clothing’ and what is not.
| Question | Response |
| “I do not require my employees to wear a branded uniform, just black clothing. Do I still need to pay an allowance?” | Black clothing is not considered to be ‘special clothing’ or a uniform. These employees are not entitled to a ‘special clothing’ or a laundry allowance. |
| “My employees wear black clothes and are provided with a branded apron they are required to launder. What allowance applies?” | Black clothing is not ‘special clothing’ or a uniform. However, a branded apron is ‘special clothing’. These employees are entitled to a laundry allowance for the branded aprons they are required to launder. |
| “My employees wear black clothes and are provided with a branded apron that I launder in store. Are my employees entitled to an allowance?” | Black clothing is not ‘special clothing’ or a uniform. A branded apron is ‘special clothing’. However, the employer launders the apron and as such, the employees are not entitled to a laundry allowance. |
| “Only the manager is required to wear a uniform we supplied to them for free. Is an allowance payable?” | The manager is entitled to the laundry allowance. As the uniform was supplied for free no ‘special clothing’ allowance will apply. |
| “My employees are required to purchase and launder a branded uniform. Are any allowances payable?” | A branded uniform is ‘special clothing’. These employees are entitled to a ‘special clothing’ allowance and a laundry allowance. |
What if I don’t pay the relevant allowances?
Employers should be aware that not paying their employees a ‘special clothing’ and/or laundry allowance when they are entitled to one, is a contravention of the abovementioned Modern Awards.
Maximum penalties for general contraventions of Modern Awards are $16,500 per contravention for individuals and $82,500 per contravention for companies.
Beyond this, affected employees are entitled to back pay for their unpaid allowances and have 6 years to make an underpayment claim.
Enquiries
For assistance interpreting the ‘special clothing’ and laundry allowances clauses contained within the Modern Award applicable to your business, please contact NRA’s Workplace Relations team on 1800 RETAIL (1800 7358 245).
Should you require assistance conducting a wage compliance audit to ensure your business is complying with its obligations under the applicable Modern Award/s, please contact NRA Legal for a confidential discussion on 1800 572 679.