Comments by Fair Work deputy commissioner Peter Sams about Dapto Leagues Club's policy on tattoos and piercings were "disappointing", chief executive David Hiscox says.
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Mr Sams was hearing a dispute in August that related to club waitress Hope Agius declining to remove her lip ring following changes to the leagues club's staff dress code. In October 2013, the club changed the dress code for front of house staff, which banned both piercings and visible tattoos "on the face, neck, arms or legs".
While Mr Sams could not settle the dispute as the commission did not have the power to deal with it as it was not a matter arising under the Dapto Leagues Club Enterprise Agreement, Mr Sams did make some comments about the policy in his written decision.
"It strikes me as somewhat ironic that this strict approach is being adopted by a football club when one considers that probably the majority of professional footballers we see on our television every football season, are covered in tattoos ('visible body art'), including on their legs, arms, necks and even their faces," he wrote.
Mr Hiscox said it was "disappointing" to see Mr Sams compare his staff to a football team.
"Dapto Leagues Club is a hospitality, entertainment and dining venue - not a football field," Mr Hiscox said.
"While body art might be prominent in rugby league, we are not a rugby league football team. We are a not-for-profit community club and as such, need to establish a staff dress code that meets the needs of members as well as the ethos of the club."
Mr Hiscox said the revised dress code was introduced after "a long period of staff consultation" and only applied to staff, not members or visitors to the club.
"We haven't introduced anything that is foreign to the industry, just something we want our staff to abide by, and we did so after consulting with our staff extensively," Mr Hiscox said.
He also said the Fair Work Commission hearing wasn't over whether the the dress code was right or wrong, or if Ms Agius had to remove a piercing, but if it could even make a ruling on the matter.
"The result was, no, it wasn't in the commissioner's jurisdiction - and that's where things should have ended," Mr Hiscox said.