Fair Work Commission rules on Clean-Shaven PPE requirement

The Fair Work Commission (FWC) recently made a ruling that may be relevant for those managing workplace health and safety obligations, particularly where respiratory protective equipment (RPE) is required.

In Tasmanian Water and Sewerage Corporation v CEPU [2024] FWC 786, the Commission upheld the employer’s revised PPE procedure, which required certain employees to be clean-shaven when using RPE that depends on a facial seal to function effectively.

The ruling followed a dispute between TasWater and a number of employees, supported by their union, who objected to the shaving requirement. The FWC determined that the clean-shaven policy was lawful and reasonable, citing:

• The health and safety risks posed by airborne contaminants such as silica and asbestos;
• The need for a proper seal between the RPE and the wearer’s skin;
• The relevant Australian Standard and manufacturer instructions, which recommend against facial hair interfering with the RPE seal.

While the Commission acknowledged the union’s concerns, it found there was insufficient evidence to suggest that alternative RPE solutions for bearded workers were reasonably practicable in the circumstances.

The decision suggests that employers may be able to enforce grooming requirements (such as being clean-shaven) where they are necessary to comply with WHS obligations and where appropriate consultation and risk management processes have been followed.

This remains a sensitive area, particularly where personal, cultural, or religious considerations arise. Employers considering similar requirements are encouraged to seek advice before implementing any such policy.

For further information or tailored guidance, please contact the MBA Workplace and Industrial Relations Team atworkplace@mba.org.au. or Phone: 0261755900