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A guide to the Horticulture Award 2010. Understand your responsibilities as an employer. Changes to Australia’s workplace laws took effect on 1 January 2010:. Introduction of the National Employment Standards Horticulture Award 2010 commenced. 38 hour standard week Unpaid parental leave
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A guide to the Horticulture Award 2010
Understand your responsibilities as an employer Changes to Australia’s workplace laws took effect on 1 January 2010: • Introduction of the National Employment Standards • Horticulture Award 2010 commenced
38 hour standard week Unpaid parental leave 10 days paid personal/carer’s leave Notice of termination and redundancy Long service leave Flexible working arrangements Four weeks paid annual leave Community service leave Public holidays Fair Work Information Statement National Employment Standards The NES took effect from 1 January 2010:
Horticulture Award 2010 • Who the award covers • Who the award doesn’t cover
Transitional arrangements • The award includes arrangements to assist employers’ move to the new Horticulture Award • NES apply immediately
If you were in the national system on 1 January 2010… • Pre-existing pay rates, loadings and penalties continue to apply to 1 July 2010 • From 1 July 2010, increases or decreases can be phased in over five years • If you’re covered by an industrial or workplace agreement, call the Fair Work Infoline on 13 13 94
If you were in the national system on 1 January 2010… Phasing – what it means for you: • Determine the wage rates and conditions that applied before 1 January 2010 • Compare these with those in the Horticulture Award 2010 • If there’s a difference, you can phase this in over five 20% annual instalments from 1 July 2010
If you were in the national system on 1 January 2010… Phasing – an example: The difference is $1.55 per hour higher. The employer can start paying this rate now, or through annual increases of $0.31 for five years
If you moved from the state to the national system on 1 January 2010… • Changes will depend on what you were previously covered by • Generally, state awards will continue to apply until 1 January 2011, unless you’re under an enterprise agreement • Get advice from your industry association or call the Fair Work Infoline on 13 13 94
Pay rates • Until 1 July 2010 - existing rates and penalties continue to apply • From 1 July 2010 – transitional rates of pay and penalties in the award take effect • Piecework rates may also be paid instead of hourly rates
Full-time & part-time employees: 152 hours over four weeks Ordinary hours: shouldn’t exceed eight hours per day, but can’t exceed 12 hours 6am-6pm Mon – Fri Excess hours are overtime Shiftworkers: 152 hours over four weeks (shouldn’t exceed 8 hours per day, but can’t exceed 12 hours) Afternoon shift finishes 6pm-12am Night shift finishes 12am-8am Excess hours are overtime Hours of work
Breaks • Unpaid meal break of 30 mins to one hour, no later than five hours after starting work • Employees instructed to work during meal break are entitled to double-time • 10 min rest break each morning. Additional break may be mutually agreed • 10-hour break between ending and starting a shift the next day
Overtime • Full-time, part-time and shiftwork employees entitled to overtime at 150%, and 200% on Sundays (subject to conditions) • Minimum three hours overtime on a Sunday • Employees may have time-off instead of overtime
Employment status • Full-time employees • engaged to work 38 hours per week • Part-time employees • regular, ongoing basis less than 38 hours per week • Casual employees • engaged and paid based on the hours they work
Piecework • Paid on the basis of results achieved or components produced • Agreed piecework rate must: • enable average competent employee to earn 15% more than the minimum hourly rate in the award for their classification and status • be paid for all work performed • be in writing and signed by employee
The daily rate is then divided by the bin or kg rate for an average competent worker Piecework – calculating the rate An example:
Additional information • Employee records and pay slips • Tax • Overseas employees on visas
Self-audit checklist Check that you’re covering your responsibilities under the new system
Additional resources • A CD of resources for horticulture employers comes with the guide: • Horticulture Award 2010 • Fact sheets and best practice guides • Templates, tax and visa information • You can access these resources from www.fairwork.gov.au/horticulture
For more information • Visit www.fairwork.gov.au/horticulture • Call the Fair Work Infoline on 13 13 94 • Contact your industry association: • Ai Group 1300 783 844 www.aigroup.com.au • AWU 1300 855 653 www.awu.net.au • HAC (02) 6273 9600 www.hac.org.au • NFF (02) 6273 3855 www.nff.org.au