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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 - PowerPoint PPT Presentation
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A guide to theHorticultureAward 2010
Understand your responsibilities
as an employerChanges to Australia’s workplace laws took effect on 1 January 2010:•Introduction of the National
Employment Standards•Horticulture Award 2010 commenced
National Employment Standards• 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
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:1. Determine the wage rates and conditions
that applied before 1 January 20102. Compare these with those in the
Horticulture Award 20103. If there’s a difference, you can phase this
in over five 20% annual instalments from 1 July 2010
Step Pre-modern award
instrument
Modern award
What’s the base hourly rate?
$15 per hr $16 per hr
Any loadings? Casual – 23%. i.e.$3.45 per hr
Casual – 25%. i.e. $4.00 per
hrTotal wage rate? $18.45 per hr $20.00 per hrThe 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
Phasing – an example:
If you were in the national system on 1 January 2010…
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
Hours of workFull-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
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
Piecework – calculating the rate
The daily rate is then divided by the bin or kg rate for an average competent worker
Weekly wage rate $543.90+ casual loading $135.98 ($543.90 x
25%)
+ piecework loading $81.59 ($543.90 x 15%)
Total $761.47Daily wage rate $152.29 ($767.47 ÷ 5)
An example:
Additional information• Employee records
and pay slips• Tax• Overseas
employees on visas
Self-audit checklistCheck 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 844www.aigroup.com.au
– AWU 1300 855 653www.awu.net.au
– HAC (02) 6273 9600www.hac.org.au – NFF (02) 6273 3855www.nff.org.au
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