THE new Horticulture Industry Award 2010 (HIA 2010) was finally delivered on December 23 and came into effect from January 1 along with the 10 National Employment Standards (NES).
The award introduces a range of new provisions and scenarios for the majority of horticulture employers around the country however, any pay increases (e.g. increase to the casual loadings, penalties, allowances and the like) will not begin to take effect until July 1, 2010 and can be phased in at the rate of 20 per cent per year over a five year period.
It is a mixed bag for Queensland employers with increase to current provisions or new provisions increasing costs, offset by reduction to overtime rates. But overall, Queensland growers will be paying around 32 per cent more across all loadings/penalties than they currently pay.
Key features include:
- A 38 hour week (immediately for those not already doing so);
- Casual loading of 25 percent (from July1);
- Compounded loading for casual pieceworkers (i.e. casual loading of 25pc with the 15pc piecework loading on top, bringing the rate to $20.57 per hour from July 1;
- Introduction of a Monday to Friday, 6am to 6pm span of hours for fulltime workers with overtime and ordinary hours worked outside that span attracting a 150 per cent loading;
- A 200pc Sunday penalty rate;
- New classification of shift worker (afternoon/night, with a loading of 15pc;
- A five-level classification structure, (increase from 1 July onwards); and
- Four levels of leading hand allowance.
The award also allows employees to seek to make individual "flexibility arrangements", however these arrangements are restricted to hours of work, overtime and penalty rates and allowances, and must provide a genuine "better off overall" outcome.
Employees cannot be coerced into making a flexibility agreement, all agreements must be in writing, and can be terminated with notice.
* For more information visit the Growcom website and/or Fair Work Australia.