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On 2 April 2019 the Fair Work Commission released a ruling that relates to the payment of over entitlements for casual employees under the Horticulture Award 2010. The new requirement takes effect from the first full pay period on or after 15 April 2019 (just before Easter).

The following is a summary of entitlements for casual works that apply on 15 April 2019:

• The maximum number of ordinary hours is 12 hours per day.
• The maximum number of ordinary weekly hours is 38 hours per week averaged over 8 weeks.
• A 25% casual loading applies to each ordinary hour worked.
• A penalty rate of 15% (in addition to the 25% casual loading) applies for hours worked between 8:30pm to 5am (i.e. night work).
• An overtime rate of 50% (in addition to the 25% casual loading) applies to work undertaken:
• outside the 38 hours per week averaged over 8 weeks (i.e. 304 hours per 8 weeks), and/or
• outside the 12 hours per day.
• An overtime rate of 100% (in addition to the 25% casual loading) applies to all hours worked on a public holiday.
• By agreement with employees, employers in non-daylight savings States can shift the 5am to 8:30pm spread forward by 1 hour (to 4am to 7:30pm) when other States are on daylight savings time.
• There are no changes to piecework provisions.
• There is no additional loading for Saturday or Sunday work.

All casuals are employed under the Horticulture Award. There is no distinguishing between seasonal or local workers; so this award applies to all casual employees, seasonal or not.

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Actual ruling by the Fair Work Commission within the relevant clauses of the Award.

Clause 22.2

“The ordinary hours of work for casual employees other than shiftworkers will not exceed 304 ordinary hours averaged 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, 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 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 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 over.”

Clause 24.3: Payment for over—casual employees

“Each hour worked in excess of 12 hours per engagement, 12 hour in a single day or 304 ordinary hours over an eight week period will be paid at a rate of 175% of the employee’s minimum hourly wage for his or her classification (inclusive of the casual loading).”

Clause 28.4: Public holiday rates of pay—casual employees

“All hours worked by a casual employee on a public holiday (both ordinary hours and any over) will be paid at a rate of 225% of the employee’s minimum hourly wage for his or her classification (inclusive of the casual loading).”

The following is a link to the actual Fair Work Determination

https://www.fwc.gov.au/documents/sites/awardsmodernfouryr/pr706485-horticulture.pdf