Changes to the Horticulture Award

Amendments applicable from 15 April 2019:

As a result of a recent Award Review decision of the Fair Work Commission, amendments have been made to the Horticulture Award 2010.

The primary amendment to the Award relates to casual employees "ordinary hours of work". This is now defined as 304 ordinary hours over an eight week period provided that:

(a) Ordinary hours of work for casual employees can be worked at any time.

(b) Each ordinary hour of work worked by a casual employee on any day of the week (excluding public holidays) between 5.00 am and 8.30 pm will be paid at the employee's minimum hourly wage for his or her classification plus a casual loading of 25%.

(c) In a State or Territory that does not observe daylight saving time, by agreement between the employer and a majority of affected casual employees, the 5.00 am to 8.30 pm daily spread of hours can be moved forward one hour (4.00 am to 7.30 pm) for the period of daylight saving time in other States and Territories.

(d) Each ordinary hour worked by a casual employee on any day of the week (excluding public holidays) between 8.31 pm and 4.59 am (or 7.31 pm and 3.59 am in accordance with clause 22.2(c)) will attract a loading of 15% of the employee's minimum hourly wage for his or her classification (in addition to the casual loading of 25%).

(e) The maximum number of ordinary hours which a casual employee may work per engagement, or on any day, is 12 ordinary hours.

(f) All time worked in excess of 12 hours per engagement, 12 hours in a single day or 304 ordinary hours over an eight week period will be deemed overtime.

Various other casual employment related amendments have been made to the Award:-

1. For each hour of overtime, casual employees would be paid at a rate of 175% of the minimum hourly wage, inclusive of the casual loading (clause 24.3 - Payment forovertime-casual employees).

2. For each hour of work on a public holiday, casual employees would be paid at a rate of 225% of the minimum hourly wage, inclusive of the casual loading (clause 28.4 - Public holiday rates of pay - casual employees).

For a detailed review of the above amendments to the Award, please refer to the following link which is a copy of the Award applicable from 15 April 2019:

https://www.fwc.gov.au/documents/documents/modern_awards/pdf/ma000028.pdf

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