Horticultural Award (MA000028)

This article provides guidelines about when to use the different work types and tags that are included as part of the pre-built Horticulture Award package. For further information about the Horticulture Award, refer to: Horticultural Award.

Key Updates to Award
Last Updated: August 2023
Key_Updates

Installing and Configuring the Pre-Built Award Package

For details on how to install and configure this Pre-built Award Template, please review the detailed help article here.

While every effort is made to provide a high-quality service, YourPayroll does not accept responsibility for, guarantee or warrant the accuracy, completeness or up-to-date nature of the service. Before relying on the information, users should carefully evaluate its accuracy, currency, completeness and relevance for their purposes, and should obtain any appropriate professional advice relevant to their particular circumstances.

Coverage

This award covers:

  • agricultural holdings
  • commercial flower growers
  • vegetable market gardens
  • Most orchard growers

Any activity such as sowing, planting, raising, cultivating, harvesting, picking, packing, storing, grading, forwarding or treating horticultural crops are included under this award.

The award also covers activities such as fencing, trenching, draining, preparing or treating land for crop growing.

Some notable exceptions which fall outside of this award are:

  • Animals and animal products (see Pastoral Award)
  • Wine industry
  • Silviculture and afforestation
  • The sugar cane growing and sugar processing industry
  • Plant nurseries
  • Broad acre mixed farming (see Pastoral Award)

Work Types

Hours worked

Use this work type to represent ordinary hours, unless another work type is more specific.

Public holiday (not worked)

Choose this work type when the day was a public holiday but the employee has a day off (permanent employees only).

Annual leave taken

Choose this work type when annual leave was taken.

Compassionate leave taken

Choose this work type when compassionate leave was taken.

Leave without pay

Choose this work type if the employee has taken leave which should not be paid.

Long service leave

Choose this work type when long service leave was taken.

Meal provided / notice of OT given on prior day

Choose this work type/shift condition when an employee has worked overtime and either received a meal from the employer or was provided notice that overtime was required the day prior.

Paid community service leave taken

Choose this work type when community service leave was taken.

Personal / carers leave taken

Choose this work type when personal / carers leave was taken.

Time in lieu leave taken

Choose this work type when time in lieu was taken.

Wet work and Wet work (casuals)

Choose this work type where the employee is required to work in the wet place,unless provided with adequate protection. A wet place will mean a place where the clothing of the employee becomes saturated or a place where the employee has to stand in water or slush so that the employee’s feet become wet.

Working through a break

Choose this work type if the employee is working through a recognised meal break from the start fo the work up to the time that the employee was put on a break.

Tags

The following tags are available for application to employees under the Horticulture Award.

Harvest period

Choose this tag during the period where the employees are engaged principally in the harvesting,grading or packing of horticultural crops. You will have to nominate this tag for each employee involved in harvesting.

Saturday treated as ordinary hours

Choose this tag if, by agreement, Saturdays are included as ordinary hours.

12 hour shifts

Choose this tag if, by agreement, the employee can work up to 12 hours in a day as part of ordinary hours. This is only applicable to permanent dayworkers.

In charge of 11-20 employees

Choose this tag if the employee is engaged to be in charge of 11-20 employees.

In charge of 2-6 employees

Choose this tag if the employee is engaged to be in charge of 2-6 employees.

In charge of 7-10 employees

Choose this tag if the employee is engaged to be in charge of 7-10 employees.

In charge of more than 20 employees

Choose this tag if the employee is engaged to be in charge of more than 20 employees.

TIL*

Choose this tag if the employee has agreed to receive time in lieu instead of overtime.

Performs first aid duties

Choose this tag if the employee holds a first aid qualification and is engaged to perform first aid duties.

 

*Time off instead of payment for overtime leave is accrued at the same rate as the number of overtime hours worked. EXAMPLE: an employee who worked two (2) overtime hours is entitled to two (2) hours’ time off. If time off for overtime is not taken and the time off is to be paid out, it must be paid at the overtime rate applicable to the overtime when worked. This also applies when an employee is terminated and the time off is to be paid out. In order to be paid out correctly, the overtime rate will need to be recorded manually at the same time as the time in lieu accrual is processed. It is suggested that you record the overtime details in the “notes” section of the leave accrual line in the pay run.

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If you are required to pay out the time off for overtime either before termination or during termination, you can run a Pay Run Audit Report for the pay runs for the employee when Time in Lieu was accrued to determine the applicable rates (which will detail your notes) and run an Employee Payment History Report to determine if any of the time off for overtime has been taken. You can then determine the correct balance based on the number of hours by taking the equivalent to the overtime payment that would have been made EXAMPLE: an employee who worked two (2) overtime hour at what would have been the rate of time and a half, is then entitled to three (3) hours of time off leave to be accrued. In our above example (the first accrual line of the screen shot) you would take 0.5 hours x 1.5 = 0.75 hours. Therefore, you will need to adjust the time in lieu balance by adding a further 0.25 hours (0.75 hours – 0.5 hours = 0.25 hours). 

Key Updates

August 2023

1st 

From 1 August, all employees are entitled to 10 days of paid family and domestic violence leave each year. The (Unpaid) Family and Domestic Violence Leave configuration settings under awards have been updated - the leave category is disabled from award leave allowance templates, and the work type is not enabled automatically for all employees. Please ensure that employees no longer use the unpaid leave category or work type.

July 2023

24th

We have updated the pay rate templates where some minimum rates were different by 1 cent. 

1st

We have updated the award to reflect the Fair Work Commission’s National Minimum Wage increase detailed in the Annual Wage Review 2022-23 decision and also includes updates to expense-related allowances. You can find information on the Determinations here and here. These changes come into effect from the first full pay period on or after the 1st July 2023. Please install these updates after you have finalised your last pay run before the first full pay period beginning on or after the 1st July 2023.

We have updated pay condition rule sets for Permanent (daywork), Permanent (shiftwork), and Casual to remove the capping of First Aid Allowances as per the award; this allowance pays on all hours worked, including overtime.

January 2023

31st

We have updated the award to reflect changes made as part of the Fair Work Decision regarding Paid Family and Domestic Violence Leave. Further information on what changes have been applied to the platform and what you should be aware of can be found within this article.

We have created the following new categories:

  • New Leave Category: Paid Family and Domestic Violence Leave.
  • New Pay Category: Paid Family and Domestic Violence Leave.
  • New Work Type: Paid Family and Domestic Violence Leave taken.

We have updated the Leave Allowance Templates to disable the existing unpaid Family and Domestic Violence and we have enabled the new Paid Family and Domestic Violence Leave. We also updated any impacted rule conditions.

As part of Fair Work's ruling, an employee must be paid their full pay rate; this includes their base rate plus any incentive-based payments and bonuses, loadings, monetary allowances, overtime or penalty rates, and any other separately identifiable amount.

December 2022

We have updated pay condition rule sets for Permanent (daywork), Permanent (shiftwork), and Casual to remove the capping of Leading Hand Allowances as per the award; this allowance pays on all hours worked, including overtime.

 

July 2022

The Award has been updated to reflect the Fair Work Commission’s National Minimum Wage increase of detailed in the Annual Wage Review 2021-22 decision. This also includes updates to expense-related allowances. Information on the Determinations can be found here and here. These changes come into effect from the first full pay period on or after 1 July 2022. Please install these updates AFTER you have finalised your last pay run prior to the first full pay period commencing on or after 1 July 2022.

Unpaid Pandemic Leave has been disabled as this entitlement has now expired within this award. Additional information can be found on the Fairwork website.

January 2022

The Unpaid Pandemic Leave pay category has been updated and counts as service for entitlements under awards and the National Employment Standards.

If any staff have used this category previously, please adjust their Annual, Personal and Long Service Leave balances for any period of unpaid pandemic leave previously taken.

To identify affected employees and enter the leave accrual see: Calculating Missing Leave Accrual for Unpaid Pandemic Leave Taken

November 2021

The Award has been updated in line with the ATO's requirements for STP Phase 2 reporting. The reporting of gross earnings are now being disaggregated into distinguishable categories. The Pay Category payment classifications have been updated in line with the ATO specification categories found here. For further information please see our STP support article.

October 2021

The pay condition rule sets for Permanent (daywork), Permanent (shiftwork), and Casual have been updated in relation to clause 18.2. The all-purpose allowances; First Aid, Leading Hand and Wet Work allowance rules have been simplified. The all-purpose allowances will still be calculated using the 'base' pay category and applicable multiplier however the pay categories originally created for each multiple will no longer be used.  Instead, the system will automatically create the multiplied rate whilst still using the base pay category name convention.

September 2021

The pay condition rule set Casual has been updated to ensure that overtime is paid to casual employees when they work in excess of 12 hours upon each engagement. 

1 July 2021

The Award has been updated to reflect the Fair Work Commission’s National Minimum Wage increase of 2.5% detailed in the Annual Wage Review 2020-21 decision. This also includes updates to expense-related
allowances. Information on the Determinations can be found here and here.

These changes come into effect from the first full pay period on or after 1 July 2021. Please install these updates AFTER you have finalised your last pay run prior to the first full pay period commencing on or after 1 July 2021.

Updates have also been made to the Leave Category Family & Domestic Violence Leave, so that the balance is displayed in days instead of hours in line with the National Employment Standards.

Once the update is installed, all employee’s FDV leave balances will be displayed in days not hours. This will mean that an employee’s balance may now show as 38 days. In order to correct the balance please see How to Fix Family & Domestic Violence Leave Balance Data.

This update is to ensure that any new installs of this award conducted since 1 July are now captured with the SG increase from 9.5% to 10% for all pay categories. If you have installed this award between 1 July 2021 to 8 July 2021 for the first time, please ensure you select "NO" to preserve custom pay categories. If you were using this award prior to 1 July 2021, then you do not need to select "NO." Further information can be found in Incorrect SG rate used in pay runs article here.

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November 2020

The award has been updated to reflect changes made as part of the Fair Work Decision 4 year review of modern awards, specifically in regards to the calculations of All Purpose Allowances. The rule set Casual has been updated to ensure that casual loading is included in the calculations for any all purpose allowance

November 2020

The rule set period for the Casual pay condition rule set has been updated to eight weekly, in line with clause 23.2.

The Award, as part of Group 2 Awards, has been updated to reflect the Fair Work Commission’s National Minimum Wage increase of 1.75% detailed in the Annual Wage Review 2019-20 decision. This also includes updates to expense-related allowances. Information on the Determinations can be found here and here.

These changes come into effect from the first full pay period on or after 1 November 2020. Please install these updates AFTER you have finalised your last pay run prior to the first full pay period commencing on or after 1 November 2020.

August 2020

The award has been updated to reflect the High Court's decision on the accrual of personal/carer's leave which overturns the decision made by the Full Federal Court of Australia, with personal/carer's leave being calculated on working days not hours. Information on the decision can be found here. As such, we have removed the Personal/Carer's (10 days) Leave Allowance Templates and updated associated Employment Agreements. Please note, this update will not remove any of the above from a business where the award was already installed prior to 25 August 2020. However, any new award installs from 25 August 2020 will not display personal/carer's (10 days) leave details.

For further information on migrating from daily personal/carers leave accruals to hourly please refer here

May 2020

The award has been updated to reflect the changes made as part of Fair Work's Determination around Clause 15 - Annualised Wage Arrangements. A new employment agreement for Annualised Wage employees has been created which can be assigned to an employee who is paid under the provisions of clause 15. Further information on the employee setup can be found here

April 2020

The Pay Conditions Rule Sets for Permanent (daywork), Permanent (shiftwork), and Casual have been updated in line with the following clauses within the award: Clause 28.3 Public Holidays, 23.1(b) Working through a meal break, and 24.3(b) Less than 10 hours break between shifts.

The rules have been updated to ensure that the Public Holiday Overtime pay category applies for all hours worked on a Public Holiday when overtime hours should apply. Also, when an employee works during a meal break and into overtime, the pay category Working through a meal break overtime will apply to those hours. Finally, when an employee has not had 10 hours break between shifts, the pay categories Less than 10 hour break between shifts and Less than 10 hour break between shifts overtime will apply and be paid at overtime rates at ordinary hours and overtime rates for overtime hours respectively.

The award has been updated to reflect changes made as part of the Fair Work Decision around flexibility during coronavirus. The new schedule allows employees to take up to two (2) weeks unpaid pandemic leave. A new pay category (Unpaid Pandemic Leave Taken), leave category and work type (Unpaid Pandemic Leave) have been created. Also, the rule sets have been updated, where necessary, to include/exclude the work type and leave category to some pay conditions.  Further, the Leave Allowance Templates have been updated to ensure this new leave category is enabled and is now accessible for employees to take this leave when required

Further, under this new schedule employees can take up to twice as much annual leave at a proportionally reduced rate if their employer agrees. The employee's pay rate and leave balance will need to be manually adjusted to half in each pay run for the period of leave.

March 2020

The rule set pay conditions for Permanent (daywork),Permanent (Shiftwork), and Casual have been updated to include an Automatic Meal Break rule in line with clause 24.1 of the Award. The minimum break between shifts, as part of clause 24.3(b), rule has also been updated to include the first shift of the day and to exclude leave work types. 

February 2020

Due to recent changes to the interpretation of personal/carer's leave accrual under the National Employment Standards, updates have been made to the setup of the Award. Further information can be found here.

A new Leave Category called Personal/Carer's (10 days) Leave has been created. Also, new Leave Allowance Templates (LATs) have been created specific to 10 days accrual per year for each state and the LATs have been attached to the current Employment Agreements for selection options for an employee's LAT in their Employee Default Pay Run screen. Any rules impacted by Personal/Carer's Leave have also been updated with the new leave category. 

Instructions on converting the accruals to the 10 day method can be found here. 

 

A new work type has been created for clause 24.4 Meal Allowance of the Award. The work type is Meal provided / notice of OT given on prior day.  This work type should be selected when an employee is working overtime and was either given a meal or received notice the day prior to the overtime being worked and therefore is not to receive the meal allowance specified under this clause. The rule for the Meal Allowance has also been updated to exclude this work type from any meal allowance being paid for the overtime. 

July 2019

Rounding update for Casual Pay Rate Templates.

30 June 2019

The Award has been updated to reflect the Fair Work Commission’s National Minimum Wage increase of 3% from its Annual Wage Review 2018-19 decision. This also includes updates to expense-related allowances. Information on the Determinations can be found here and here.

These changes come into effect from the first full pay period on or after 1 July 2019. Please install these updates AFTER you have finalised your last pay run prior to the first full pay period commencing on or after 1 July 2019.

15 April 2019

The Horticultural Award 2010 (MA000028) has been updated to reflect changes made as part of the Fair Work Decision review of modern awards. The determination for the new clauses in the Award are specific to casual employees and can be found here.

The ordinary hours of work are now defined for casual employees. Casuals are also entitled to overtime penalties of 175% if they work in excess of 12 hours per engagement, 12 hours in a single day or 304 ordinary hours over an 8 week period. For work outside the span of hours, they will be entitled to an extra 15% loading. Casuals are also entitled to a meal allowance of $12.43 for more than two hours of overtime worked without notice. 

In line with these new clauses, we have create two new pay categories; Casual - Outside span of hours and Casual - Overtime. We have also updated the pay condition rule set Casual to reflect clause 22.2 Span of Hours, Maximum Engagement, and Period Overtime (304 hrs over 8 weeks), clause 24.3 Casual Overtime, and clause 24.4 Meal Allowance.  

These changes apply from the first full pay period on or after 15 April 2019. 

December 2018

The setup of the Payroll Tax Exempt field in Payroll Settings>Pay Categories was replicating the PAYG Exempt field rather than creating a unique identity; when installed into the business settings. An audit has been carried out across the system and the issue has now been resolved with this update.

1 October 2018

The Award has been updated to reflect changes made as part of the Fair Work Decision 4 year review of modern awards. The change is a newly created clause 10.4(d) - casual minimum engagement. This now provides for casual employees to be paid for at least 2 consecutive hours of work on each occasion they are required to attend work.

This change is reflected in the “Casual” rule set.

Please note that the change comes into effect on the first full pay period on or after 1 October 2018. This means that you should only install this update once you've completed the last pay period for hours worked during September 2018. The Fair Work Determination can be found here.

1 August 2018

The award has been updated to reflect changes made as part of the Fair Work Decision 4 year review of modern awards. The determination for the new clause in the modern award allowing employees to take unpaid leave to deal with family and domestic violence can be found here. Family and Domestic Violence leave applies from the first full pay period on or after 1 August 2018. Further information can be found at Fair Work.

Employees, including part-time and casual employees are entitled to 5 days unpaid family and domestic violence leave each year of their employment. The 5 days renews each 12 months of their employment but does not accumulate if the leave is not used.

A new leave category has been created - “Family and Domestic Violence Leave” and a new Work Type - “Family and Domestic Violence Leave taken”.  The Leave Allowance Templates and any impacted rule conditions have also been updated.

28 June 2018

The Award has been updated to reflect the Fair Work Commission’s national minimum wage increase of 3.5% from its Annual Wage Review 2017-18 decision. This also includes updates to expense-related allowances.

These changes come into effect from the first full pay period on or after 1 July 2018. Please install these updates AFTER you have finalised your last pay run prior to the first full pay period commencing on or after 1 July 2018.

Additionally, the following changes have been made as part of this update:

  1. New laundry allowance pay categories and rule conditions were created to reflect the ATO threshold maximum limits for claiming of laundry (not dry cleaning) for deductible clothing under the Award. Further information can be found in the “Cleaning of Work Clothing” section of this ATO article.
  2. The Payment Summary Classification settings for Allowance based pay categories have been updated as per STP requirements.

 

We have created a new rule - 10.3(d) Apply Overtime - Overtime Advanced Standard Hours - Part-Time.  This rule reflects the following provisions of clause 10.3(d):

  • the hours worked each day;
  • which days of the week the employee will work;
  • the actual starting and finishing times of each day.

Previously we could only assess the number of hours worked per week for overtime purposesNow however, we can assess the Advanced Standard Work Hours as set up within the employee's Pay Run Defaults screen.

For example, if an employee's Advanced Standard Work Hours were as follows:

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The rule will assess hours as follows:

  1. Any time worked on Wednesday, Thursday and Saturday will be deemed overtime;
  2. Any time worked before the start times on Monday, Tuesday, Friday and Sunday will be deemed overtime; and
  3. Any time worked after the end times on Monday, Tuesday, Friday and Sunday will be deemed overtime.

N.B:

(a) This rule only works where Advanced Standard Work Hours have been set up using start and finish times, NOT hours only;

(b) If no Advanced Standard Work Hours have been set up for a part time employee, then all hours will be deemed overtime.

10.3(d) Apply Overtime - Overtime Advanced Standard Hours - Part-Time

If you have any feedback or questions please contact us via support@yourpayroll.com.au

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