MA000028: Horticulture Award 2020

2.2 The monetary obligations imposed on employers by this award may be absorbed into overaward payments. Nothing in this award requires an employer to maintain or increase any overaward payment.

2.3 This award contains transitional arrangements which specify when particular parts of the award come into effect. Some of the transitional arrangements are in clauses in the main part of the award. There are also transitional arrangements in Schedule A. The arrangements in Schedule A deal with:

●minimum wages and piecework rates

●casual or part-time loadings

●Saturday,Sunday,public holiday,evening or other penalties

●shift allowances/penalties.

[2.4 varied by PR542148 ppc 04Dec13]

2.4 Neither the making of this award nor the operation of any transitional arrangements is intended to result in a reduction in the take-home pay of employees covered by the award. On application by or on behalf of an employee who suffers a reduction in take-home pay as a result of the making of this award or the operation of any transitional arrangements,the Fair Work Commission may make any order it considers appropriate to remedy the situation.

[2.5 varied by PR542148 ppc 04Dec13]

2.5 The Fair Work Commission may review the transitional arrangements in this award and make a determination varying the award.

[2.6 varied by PR542148 ppc 04Dec13]

2.6 The Fair Work Commission may review the transitional arrangements:

(a) on its own initiative;or

(b) on application by an employer,employee,organisation or outworker entity covered by the modern award;or

(c) on application by an organisation that is entitled to represent the industrial interests of one or more employers or employees that are covered by the modern award;or

(d) in relation to outworker arrangements,on application by an organisation that is entitled to represent the industrial interests of one or more outworkers to whom the arrangements relate.

3. Definitions and interpretation

[Varied by PR991930,PR994305,PR997772,PR503635,PR545995,PR599008]

3.1 In this award,unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth)

[Definition of agreement-based transitional instrument inserted by PR994305 from 01Jan10]

agreement-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of award-based transitional instrument inserted by PR994305 from 01Jan10]

award-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of default fund employee inserted by PR545995 ppc 01Jan14]

default fund employee means an employee who has no chosen fund within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cth)

[Definition of defined benefit member inserted by PR545995 ppc 01Jan14]

defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth)

[Definition of Division 2B State award inserted by PR503635 ppc 01Jan11]

Division 2B State award has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of Division 2B State employment agreement inserted by PR503635 ppc 01Jan11]

Division 2B State employment agreement has the meaning in Schedule 3A of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of employee substituted by PR994305,PR997772 from 01Jan10]

employee means national system employee within the meaning of the Act

[Definition of employer substituted by PR994305,PR997772 from 01Jan10]

employer means national system employer within the meaning of the Act

[Definition of enterprise inserted by PR599008 retrospectively from 01Jan10]

Enterprise means a business,activity,project or undertaking,and includes:

●An employer that is engaged with others in a joint venture or common enterprise;or

●Employers that are related bodies corporate within the meaning of s.50 of the Corporations Act 2001 (Cth) or associated entities within the meaning of s.50AAA of the Corporations Act 2001 (Cth)

[Definition of enterprise award-based instrument inserted by PR994305 from 01Jan10]

enterprise award-based instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

[Definition of enterprise NAPSA deleted by PR994305 from 01Jan10]

[Definition of exempt public sector superannuation scheme inserted by PR545995 ppc 01Jan14]

exempt public sector superannuation scheme has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)

harvest period means the period of time during which the employees of the particular employer are engaged principally in the harvesting,grading or packing of horticultural crops

horticultural crops includes all vegetables,fruits,grains,seeds,hops,nuts,fungi,olives,flowers,or other specialised crops unless they are specifically named as a broadacre field crop in the Pastoral Award 2010

[Definition of horticultural enterprise inserted by PR599008 retrospectively from 01Jan10]

Horticultural enterprise means an enterprise which as an important part of its enterprise engages in the raising of horticultural crops

[Definition of MySuper product inserted by PR545995 ppc 01Jan14]

MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)

[Definition of NAPSA deleted by PR994305 from 01Jan10]

NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth)

[Definition of on-hire inserted by PR994305 from 01Jan10]

on-hire means the on-hire of an employee by their employer to a client,where such employee works under the general guidance and instruction of the client or a representative of the client

plant nurseries means the principal business of the employer is the preparation of growing media for the growing of plant material,propagation,preparation and presentation of plant material for sale

silviculture and afforestation means the planting,pruning,fertilising and any other activities in or in connection with the establishment or cultivation of trees in forests

standard rate means the minimum hourly wage for a Level 2 in clause 14.1. This rate is to be used for the purposes of calculating various allowances that require a designated standard rate

[Definition of transitional minimum wage instrument inserted by PR994305 from 01Jan10]

transitional minimum wage instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

vineyard means a place where wine grapes are grown exclusively or predominantly for processing into wine

wine industry means:

(a) the preparation of land for planting of wine grape vines;care,growing,treating,picking,harvesting,forwarding of wine grapes;and pruning of wine grape vines and other activities associated with a wine grape vineyard;

(b) processing wine grapes;producing wine juice or grape spirit;bottling,packaging,storage or dispatch of wine,brandy or other potable spirit,liqueurs,vinegar or grape juice and other activities associated with a winery or wine distillery including but not limited to cellar door sales,coopers,machinists,labourers making or repairing barrels,vats,casks,and like articles and laboratories;and

(c) the packaging,storage and dispatching of wine or grape spirit from a warehouse facility or other place of storage associated with a winery or wine distillery

3.2 Where this award refers to a condition of employment provided for in the NES,the NES definition applies.

4. Coverage

[Varied by PR988417,PR991930,PR994305,PR599008]

4.1 This industry award covers employers throughout Australia in the horticulture industry and their employees in the classifications listed in Schedule B —Classification Structure and Definitions,to the exclusion of any other modern award.

[4.2 substituted by PR599008 retrospectively from 01Jan10]

4.2 Horticulture industry means:

(a) the sowing,planting,raising,cultivation,harvesting,picking,washing,packing,storing,grading,forwarding or treating of horticultural crops in connection with a horticultural enterprise;or

(b) clearing,fencing,trenching,draining or otherwise preparing or treating land or property in connection with the activities listed at 4.2(a).

[4.3 substituted by PR599008 ppc 22Dec17]

4.3 Horticulture industry does not mean:

(a) the wine industry;

(b) silviculture and afforestation;

(c) sugar farming or sugar cane growing,sugar milling,sugar refining,sugar distilleries and/or sugar terminals;

(d) any work in or in connection with cotton growing or harvesting;cotton ginneries and associated depots;cotton oil mills and the extraction of oil from seed;or

(e) plant nurseries.

4.4 The award does not cover an employee excluded from award coverage by the Act.

[4.5 substituted by PR994305 from 01Jan10]

4.5 The award does not cover employees who are covered by a modern enterprise award,or an enterprise instrument (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)),or employers in relation to those employees.

[New 4.6,4.7 and 4.8 inserted by PR994305 from 01Jan10]

4.6 The award does not cover employees who are covered by a State reference public sector modern award,or a State reference public sector transitional award (within the meaning of the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)),or employers in relation to those employees.

4.7 This award covers any employer which supplies labour on an on-hire basis in the industry set out in clause 4.1 in respect of on-hire employees in classifications covered by this award,and those on-hire employees,while engaged in the performance of work for a business in that industry. This subclause operates subject to the exclusions from coverage in this award.

4.8 This award covers employers which provide group training services for trainees engaged in the industry and/or parts of industry set out at clause 4.1 and those trainees engaged by a group training service hosted by a company to perform work at a location where the activities described herein are being performed. This subclause operates subject to the exclusions from coverage in this award.

[4.6 renumbered as 4.9 by PR994305 from 01Jan10]

4.9 Where an employer is covered by more than one award,an employee of that employer is covered by the award classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.

NOTE:Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.

5. Access to the award and the National Employment Standards

The employer must ensure that copies of this award and the NES are available to all employees to whom they apply either on a noticeboard which is conveniently located at or near the workplace or through electronic means,whichever makes them more accessible.

6. The National Employment Standards and this award

The NES and this award contain the minimum conditions of employment for employees covered by this award.

7. Individual flexibility arrangements

[Varied by PR542148;7—Award flexibility renamed and substituted by PR610189 ppc 01Nov18]

7.1 Despite anything else in this award,an employer and an individual employee may agree to vary the application of the terms of this award relating to any of the following in order to meet the genuine needs of both the employee and the employer:

(a) arrangements for when work is performed;or

(b) overtime rates;or

(c) penalty rates;or

(d) allowances;or

(e) annual leave loading.

7.2 An agreement must be one that is genuinely made by the employer and the individual employee without coercion or duress.

7.3 An agreement may only be made after the individual employee has commenced employment with the employer.

7.4 An employer who wishes to initiate the making of an agreement must:

(a) give the employee a written proposal;and

(b) if the employer is aware that the employee has,or reasonably should be aware that the employee may have,limited understanding of written English,take reasonable steps (including providing a translation in an appropriate language) to ensure that the employee understands the proposal.

7.5 An agreement must result in the employee being better off overall at the time the agreement is made than if the agreement had not been made.

7.6 An agreement must do all of the following:

(a) state the names of the employer and the employee;and

(b) identify the award term,or award terms,the application of which is to be varied;and

(c) set out how the application of the award term,or each award term,is varied;and

(d) set out how the agreement results in the employee being better off overall at the time the agreement is made than if the agreement had not been made;and

(e) state the date the agreement is to start.

7.7 An agreement must be:

(a) in writing;and

(b) signed by the employer and the employee and,if the employee is under 18 years of age,by the employee’s parent or guardian.

7.8 Except as provided in clause 7.7(b),an agreement must not require the approval or consent of a person other than the employer and the employee.

7.9 The employer must keep the agreement as a time and wages record and give a copy to the employee.

7.10 The employer and the employee must genuinely agree,without duress or coercion to any variation of an award provided for by an agreement.

7.11 An agreement may be terminated:

(a) at any time,by written agreement between the employer and the employee;or

(b) by the employer or employee giving 13 weeks’written notice to the other party (reduced to 4 weeks if the agreement was entered into before the first full pay period starting on or after 4 December 2013).

Note:If an employer and employee agree to an arrangement that purports to be an individual flexibility arrangement under this award term and the arrangement does not meet a requirement set out in s.144 then the employee or the employer may terminate the arrangement by giving written notice of not more than 28 days (see s.145 of the Act).

7.12 An agreement terminated as mentioned in clause 7.11(b) ceases to have effect at the end of the period of notice required under that clause.

7.13 The right to make an agreement under clause 7 is additional to,and does not affect,any other term of this award that provides for an agreement between an employer and an individual employee.

Part 2—Consultation and Dispute Resolution

8. Consultation about major workplace change

8A. Consultation about changes to rosters or hours of work

9. Dispute resolution

8. Consultation about major workplace change

[8—Consultation regarding major workplace change renamed and substituted by PR546288,8—Consultation renamed and substituted by PR610189 ppc 01Nov18]

8.1 If an employer makes a definite decision to make major changes in production,program,organisation,structure or technology that are likely to have significant effects on employees,the employer must:

(a) give notice of the changes to all employees who may be affected by them and their representatives (if any);and

(b) discuss with affected employees and their representatives (if any):

(i) the introduction of the changes;and

(ii) their likely effect on employees;and

(iii) measures to avoid or reduce the adverse effects of the changes on employees;and

(c) commence discussions as soon as practicable after a definite decision has been made.

8.2 For the purposes of the discussion under clause 8.1(b),the employer must give in writing to the affected employees and their representatives (if any) all relevant information about the changes including:

(a) their nature;and

(b) their expected effect on employees;and

(c) any other matters likely to affect employees.

8.3 Clause 8.2 does not require an employer to disclose any confidential information if its disclosure would be contrary to the employer’s interests.

8.4 The employer must promptly consider any matters raised by the employees or their representatives about the changes in the course of the discussion under clause 8.1(b).

8.5 In clause 8:

significant effects,on employees,includes any of the following:

(a) termination of employment;or

(b) major changes in the composition,operation or size of the employer’s workforce or in the skills required;or

(c) loss of,or reduction in,job or promotion opportunities;or

(d) loss of,or reduction in,job tenure;or

(e) alteration of hours of work;or

(f) the need for employees to be retrained or transferred to other work or locations;or

(g) job restructuring.

8.6 Where this award makes provision for alteration of any of the matters defined at clause 8.5,such alteration is taken not to have significant effect.

8A. Consultation about changes to rosters or hours of work

[8A inserted by PR610189 ppc 01Nov18]

8A.1 Clause 8A applies if an employer proposes to change the regular roster or ordinary hours of work of an employee,other than an employee whose working hours are irregular,sporadic or unpredictable.

8A.2 The employer must consult with any employees affected by the proposed change and their representatives (if any).

8A.3 For the purpose of the consultation,the employer must:

(a) provide to the employees and representatives mentioned in clause 8A.2 information about the proposed change (for example,information about the nature of the change and when it is to begin);and

(b) invite the employees to give their views about the impact of the proposed change on them (including any impact on their family or caring responsibilities) and also invite their representative (if any) to give their views about that impact.

8A.4 The employer must consider any views given under clause 8A.3(b).

8A.5 Clause 8A is to be read in conjunction with any other provisions of this award concerning the scheduling of work or the giving of notice.

9. Dispute resolution

[Varied by PR991930,PR542148;substituted by PR610189 ppc 01Nov18]

9.1 Clause 9 sets out the procedures to be followed if a dispute arises about a matter under this award or in relation to the NES.

9.2 The parties to the dispute must first try to resolve the dispute at the workplace through discussion between the employee or employees concerned and the relevant supervisor.

9.3 If the dispute is not resolved through discussion as mentioned in clause 9.2,the parties to the dispute must then try to resolve it in a timely manner at the workplace through discussion between the employee or employees concerned and more senior levels of management,as appropriate.

9.4 If the dispute is unable to be resolved at the workplace and all appropriate steps have been taken under clauses 9.2 and 9.3,a party to the dispute may refer it to the Fair Work Commission.

9.5 The parties may agree on the process to be followed by the Fair Work Commission in dealing with the dispute,including mediation,conciliation and consent arbitration.

9.6 If the dispute remains unresolved,the Fair Work Commission may use any method of dispute resolution that it is permitted by the Act to use and that it considers appropriate for resolving the dispute.

9.7 A party to the dispute may appoint a person,organisation or association to support and/or represent them in any discussion or process under clause 9.

9.8 While procedures are being followed under clause 9 in relation to a dispute:

(a) work must continue in accordance with this award and the Act;and

(b) an employee must not unreasonably fail to comply with any direction given by the employer about performing work,whether at the same or another workplace, that is safe and appropriate for the employee to perform.

9.9 Clause 9.8 is subject to any applicable work health and safety legislation.

Part 3—Types of Employment and Termination of Employment

10. Types of employment

11. Termination of employment

12. Redundancy

10. Types of employment

[Varied by PR991930, PR700572,PR701115]

10.1 General

Employees under this award will be employed in one of the following categories:

(a) full-time employees;

(b) part-time employees;or

(c) casual employees.

At the time of engagement an employer will inform each employee of the terms of their engagement and in particular whether they are to be full-time,part-time or casual.

10.2 Full-time employment

A full-time employee is an employee who is engaged to work an average of 38 ordinary hours per week.

10.3 Part-time employment

(a) A part-time employee is an employee who:

(i) is engaged to work an average of fewer than 38 ordinary hours per week;and

(ii) receives,on a pro rata basis,equivalent pay and conditions to those of full-time employees who do the same kind of work.

(b) For each ordinary hour worked,a part-time employee will be paid no less than 1/38th of the minimum weekly rate of pay for the relevant classification in clause 14—Minimum wages.

(c) An employer must inform a part-time employee of their ordinary hours of work and starting and finishing times.

(d) All time worked in excess of the hours mutually arranged will be overtime and paid for at the appropriate overtime rate.

10.4 Casual employment

(a) A casual employee is one engaged and paid as such. A casual employee’s ordinary hours of work are the lesser of an average of 38 hours per week or the hours required to be worked by the employer.

(b) For each hour worked,a casual employee will be paid no less than 1/38th of the minimum weekly rate of pay for an employee in that classification in clause 14—Minimum wages,plus a casual loading of 25%.

(c) The casual loading is paid instead of annual leave,personal/carer’s leave,notice of termination,redundancy benefits and the other entitlements of full-time or part-time employment provided for in this award.

[10.4(d) inserted by PR701115 ppc 01Oct18]

(d) A casual employee must be engaged and paid for at least 2 consecutive hours of work on each occasion they are required to attend work.

10.5 Right to request casual conversion

[10.5 inserted by PR700572 ppc 01Oct18]

(a) A person engaged by a particular employer as a regular casual employee may request that their employment be converted to full-time or part-time employment.

(b) A regular casual employee is a casual employee who has in the preceding period of 12 months worked a pattern of hours on an ongoing basis which,without significant adjustment,the employee could continue to perform as a full-time employee or part-time employee under the provisions of this award.

(c) A regular casual employee who has worked equivalent full-time hours over the preceding period of 12 months’casual employment may request to have their employment converted to full-time employment.

(d) A regular casual employee who has worked less than equivalent full-time hours over the preceding period of 12 months’casual employment may request to have their employment converted to part-time employment consistent with the pattern of hours previously worked.

(e) Any request under this subclause must be in writing and provided to the employer.

(f) Where a regular casual employee seeks to convert to full-time or part-time employment,the employer may agree to or refuse the request,but the request may only be refused on reasonable grounds and after there has been consultation with the employee.

(g) Reasonable grounds for refusal include that:

(i) it would require a significant adjustment to the casual employee’s hours of work in order for the employee to be engaged as a full-time or part-time employee in accordance with the provisions of this award –that is,the casual employee is not truly a regular casual employee as defined in paragraph (b);

(ii) it is known or reasonably foreseeable that the regular casual employee’s position will cease to exist within the next 12 months;

(iii) it is known or reasonably foreseeable that the hours of work which the regular casual employee is required to perform will be significantly reduced in the next 12 months;or

(iv) it is known or reasonably foreseeable that there will be a significant change in the days and/or times at which the employee’s hours of work are required to be performed in the next 12 months which cannot be accommodated within the days and/or hours during which the employee is available to work.

(h) For any ground of refusal to be reasonable,it must be based on facts which are known or reasonably foreseeable.

(i) Where the employer refuses a regular casual employee’s request to convert,the employer must provide the casual employee with the employer’s reasons for refusal in writing within 21 days of the request being made. If the employee does not accept the employer’s refusal,this will constitute a dispute that will be dealt with under the dispute resolution procedure in clause 9. Under that procedure,the employee or the employer may refer the matter to the Fair Work Commission if the dispute cannot be resolved at the workplace level.

(j) Where it is agreed that a casual employee will have their employment converted to full-time or part-time employment as provided for in this clause,the employer and employee must discuss and record in writing:

(i) the form of employment to which the employee will convert –that is,full-time or part-time employment;and

(ii) if it is agreed that the employee will become a part-time employee,the matters referred to in clause 10.3(c)

(k) The conversion will take effect from the start of the next pay cycle following such agreement being reached unless otherwise agreed.

(l) Once a casual employee has converted to full-time or part-time employment,the employee may only revert to casual employment with the written agreement of the employer.

(m) A casual employee must not be engaged and re-engaged (which includes a refusal to re-engage),or have their hours reduced or varied,in order to avoid any right or obligation under this clause.

(n) Nothing in this clause obliges a regular casual employee to convert to full-time or part-time employment,nor permits an employer to require a regular casual employee to so convert.

(o) Nothing in this clause requires an employer to increase the hours of a regular casual employee seeking conversion to full-time or part-time employment.

(p) An employer must provide a casual employee,whether a regular casual employee or not,with a copy of the provisions of this subclause within the first 12 months of the employee’s first engagement to perform work. In respect of casual employees already employed as at 1 October 2018,an employer must provide such employees with a copy of the provisions of this subclause by 1 January 2019.

(q) A casual employee’s right to request to convert is not affected if the employer fails to comply with the notice requirements in paragraph (p).

11. Termination of employment

[11 substituted by PR610189 ppc 01Nov18]

Note:The NES sets out requirements for notice of termination by an employer. See ss.117 and 123 of the Act.

11.1 Notice of termination by an employee

(a) This clause applies to all employees except those identified in ss.123(1) and 123(3) of the Act.

(b) An employee must give the employer notice of termination in accordance with Table 1—Period of notice of at least the period specified in column 2 according to the period of continuous service of the employee specified in column 1.

Table 1—Period of notice

Column 1 Employee’s period of continuous service with the employer at the end of the day the notice is given	Column 2 Period of notice
Not more than 1 year	1 week
More than 1 year but not more than 3 years	2 weeks
More than 3 years but not more than 5 years	3 weeks
More than 5 years	4 weeks

Note:The notice of termination required to be given by an employee is the same as that required of an employer except that the employee does not have to give additional notice based on the age of the employee.

(c) In paragraph (b) continuous service has the same meaning as in s.117 of the Act.

(d) If an employee who is at least 18 years old does not give the period of notice required under paragraph (b),then the employer may deduct from wages due to the employee under this award an amount that is no more than one week’s wages for the employee.

(e) If the employer has agreed to a shorter period of notice than that required under paragraph (b),then no deduction can be made under paragraph (d).

(f) Any deduction made under paragraph (d) must not be unreasonable in the circumstances.

11.2 Job search entitlement

Where an employer has given notice of termination to an employee,the employee must be allowed time off without loss of pay of up to one day for the purpose of seeking other employment.

11.3 The time off under clause 11.2 is to be taken at times that are convenient to the employee after consultation with the employer.

12. Redundancy

[Varied by PR994305,PR503635,PR561478;substituted by PR706970 ppc 03May19]

NOTE:Redundancy pay is provided for in the NES. See sections 119–123 of the Act.

12.1 Transfer to lower paid duties on redundancy

(a) Clause 12.1 applies if,because of redundancy,an employee is transferred to new duties to which a lower ordinary rate of pay applies.

(b) The employer may:

(i) give the employee notice of the transfer of at least the same length as the employee would be entitled to under section 117 of the Act as if it were a notice of termination given by the employer;or

(ii) transfer the employee to the new duties without giving notice of transfer or before the expiry of a notice of transfer,provided that the employer pays the employee as set out in paragraph (c).

(c) If the employer acts as mentioned in paragraph (b)(ii),the employee is entitled to a payment of an amount equal to the difference between the ordinary rate of pay of the employee (inclusive of all-purpose allowances,shift rates and penalty rates applicable to ordinary hours) for the hours of work the employee would have worked in the first role,and the ordinary rate of pay (also inclusive of all-purpose allowances,shift rates and penalty rates applicable to ordinary hours) of the employee in the second role for the period for which notice was not given.

12.2 Employee leaving during redundancy notice period

(a) An employee given notice of termination in circumstances of redundancy may terminate their employment during the minimum period of notice prescribed by section 117(3) of the Act.

(b) The employee is entitled to receive the benefits and payments they would have received under clause 12 or under sections 119–123 of the Act had they remained in employment until the expiry of the notice.

(c) However,the employee is not entitled to be paid for any part of the period of notice remaining after the employee ceased to be employed.

12.3 Job search entitlement

(a) Where an employer has given notice of termination to an employee in circumstances of redundancy,the employee must be allowed time off without loss of pay of up to one day each week of the minimum period of notice prescribed by section 117(3) of the Act for the purpose of seeking other employment.

(b) If an employee is allowed time off without loss of pay of more than one day under paragraph (a),the employee must,at the request of the employer,produce proof of attendance at an interview.

(c) A statutory declaration is sufficient for the purpose of paragraph (b).

(d) An employee who fails to produce proof when required under paragraph (b) is not entitled to be paid for the time off.

(e) This entitlement applies instead of clauses 11.2 and 11.3.

Part 4—Minimum Wages and Related Matters

13. Classifications

14. Minimum wages

15. Annualised wage arrangements

13. Classifications

[Varied by PR988417]

Employees will be classified in accordance with the classification descriptions contained in Schedule B —Classification Structure and Definitions,of this award.

14. Minimum wages

[Varied by PR988417,PR997908,PR509059,PR522890,PR536693,PR551616,PR566697,PR579790,PR592124,PR593823,PR606352,PR707438,PR720159,PR718845]

14.1 Adult employee minimum wages

(a) The classifications and minimum wages for an adult employee are set out in the following table:

[14.1(a) varied by PR997908,PR509059,PR522890,PR536693,PR551616,PR566697,PR579790,PR592124,PR606352,PR707438,PR718845 ppc 01Nov20]

Classification	Minimum weekly wage	Minimum hourly wage
	$	$
Level 1	753.80	19.84
Level 2	775.40	20.41
Level 3	797.70	20.99
Level 4	827.90	21.79
Level 5	877.60	23.09

(b) For the purposes of clause 14.1(a),any entitlement to a minimum wage expressed to be by the week means any entitlement which an employee would receive for performing 38 hours of work.

14.2 Supported wage system

See Schedule C

14.3 National training wage

[14.3 substituted by PR593823 ppc 01Jul17;varied by PR606352]

[14.3(a) varied by PR720159 ppc 18Jun20]

(a) Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.

[14.3(b) varied by PR606352,PR707438,PR720159 ppc 18Jun20,PR718845 ppc 01Nov20]

(b) This award incorporates the terms of Schedule E to the Miscellaneous Award 2020 as at 1 November 2020. Provided that any reference to “this award”in Schedule E to the Miscellaneous Award 2020 is to be read as referring to the Horticulture Award 2010 and not the Miscellaneous Award 2020.

15. Annualised wage arrangements

[New 15 inserted by PR716596 ppc 01Mar20]

15.1 Annualised wage instead of award provisions

(a) An employer and a full-time employee may enter into a written agreement for the employee to be paid an annualised wage in satisfaction,subject to clause 15.1(c),of any or all of the following provisions of the award:

(i) clause 14—Minimum wages;

(ii) clause 18—Allowances;

(iii) clause 23.3(d)—Ordinary hours of work and rostering –shiftworkers working afternoon and night shifts;

(iv) clause 25—Overtime

(v) clause 26.7—Annual leave loading;and

(vi) clause 29.3—Public holiday rates of pay—other than casual employees.

(b) Where a written agreement for an annualised wage agreement is entered into,the agreement must specify:

(i) the annualised wage that is payable;

(ii) which of the provisions of this award will be satisfied by payment of the annualised wage;

(iii) the method by which the annualised wage has been calculated,including specification of each separate component of the annualised wage and any overtime or penalty assumptions used in the calculation;and

(iv) the outer limit number of ordinary hours which would attract the payment of a penalty rate under the award and the outer limit number of overtime hours which the employee may be required to work in a pay period or roster cycle without being entitled to an amount in excess of the annualised wage in accordance with clause 15.1(c).

(c) If in a pay period or roster cycle an employee works any hours in excess of either of the outer limit amounts specified in the agreement pursuant to clause 15.1(b)(iv),such hours will not be covered by the annualised wage and must separately be paid for in accordance with the applicable provisions of this award.

(d) The employer must give the employee a copy of the agreement and keep the agreement as a time and wages record.

(e) The agreement may be terminated:

(i) by the employer or the employee giving 12 months’notice of termination,in writing,to the other party and the agreement ceasing to operate at the end of the notice period;or

(ii) at any time,by written agreement between the employer and the individual employee.

15.2 Annualised wage not to disadvantage employees

(a) The annualised wage must be no less than the amount the employee would have received under this award for the work performed over the year for which the wage is paid (or if the employment ceases or the agreement terminates earlier,over such lesser period as has been worked).

(b) The employer must each 12 months from the commencement of the annualised wage arrangement or,within any 12 month period upon the termination of employment of the employee or termination of the agreement,calculate the amount of remuneration that would have been payable to the employee under the provisions of this award over the relevant period and compare it to the amount of the annualised wage actually paid to the employee. Where the latter amount is less than the former amount,the employer shall pay the employee the amount of the shortfall within 14 days.

(c) The employer must keep a record of the starting and finishing times of work,and any unpaid breaks taken,of each employee subject to an annualised wage arrangement agreement for the purpose of undertaking the comparison required by clause 15.2(b). This record must be signed by the employee,or acknowledged as correct in writing (including by electronic means) by the employee,each pay period or roster cycle.

15.3 Base rate of pay for employees on annualised wage arrangements

For the purposes of the NES,the base rate of pay of an employee receiving an annualised wage under this clause comprises the portion of the annualised wage equivalent to the relevant rate of pay in clause 14—Minimum wages and excludes any incentive-based payments,bonuses,loadings,monetary allowances,overtime and penalties.

16. Pieceworkers

[Varied by PR991930,PR706485;15 renumbered as 16 by PR716596 ppc 01Mar20]

16.1 An employer and a full-time,part-time or casual employee may enter into an agreement for the employee to be paid a piecework rate. An employee on a piecework rate is a pieceworker.

16.2 The piecework rate fixed by agreement between the employer and the employee must enable the average competent employee to earn at least 15% more per hour than the minimum hourly rate prescribed in this award for the type of employment and the classification level of the employee. The piecework rate agreed is to be paid for all work performed in accordance with the piecework agreement.

16.3 The calculation of piecework rates in clause 16.2 for casual employees will include the casual loading prescribed in clause 10.4(b).

16.4 An agreed piecework rate is paid instead of the minimum wages specified in clause 14—Minimum wages.

16.5 The following clauses of this award do not apply to an employee on a piecework rate:

(a) Clause 23—Ordinary hours of work and rostering;

(b) Clause 25—Overtime;and

[15.5(c) substituted by PR706485]

(c) Clause 25.4—Meal allowance.

16.6 The employer and the individual employee must have genuinely made the piecework agreement without coercion or duress.

16.7 The piecework agreement between the employer and the individual employee must be in writing and signed by the employer and the employee.

16.8 The employer must give the individual employee a copy of the piecework agreement and keep it as a time and wages record.

16.9 Nothing in this award guarantees an employee on a piecework rate will earn at least the minimum ordinary time weekly or hourly wage in this award for the type of employment and the classification level of the employee,as the employee’s earnings are contingent on their productivity.

16.10 For the purposes of the NES:

(a) The base rate of pay for a pieceworker is the base rate of pay as defined in the NES.

(b) The full rate of pay for a pieceworker is the full rate of pay as defined in the NES.

17. Juniors

[16 renumbered as 17 by PR716596 ppc 01Mar20]

17.1 The minimum wage payable to a junior employee will be the percentage of the adult rate prescribed for the classification upon which the employee is employed as set out in the following table:

Age	Percentage %
Under 16 years of age	50
16 years of age	60
17 years of age	70
18 years of age	80
19 years of age	90
20 years of age	100

17.2 The wage payable to a junior will,in the case of a weekly employee,be calculated to the nearest $0.10,and in the case of an hourly employee,be calculated to the nearest quarter of one cent.

18. Allowances

[17 renumbered as 18 by PR716596 ppc 01Mar20]

To view the current monetary amounts of work-related allowances refer to the Allowances Sheet.

[Varied by PR994305,PR561478]

18.1 All-purpose allowances

The following allowances apply for all purposes of this award:

(a) Leading hand allowance

A leading hand will be paid a leading hand allowance based upon the following:

In charge of:	% of the standard rate per week
2 to 6 employees	115%
7 to 10 employees	134%
11 to 20 employees	191%
More than 20 employees	240%

(b) Wet work allowance

An employee who,on any one day,is required to work in a wet place must be paid an amount of 10% of the standard rate for each hour that they are 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.

(c) Tool and equipment allowance

Where the employer requires an employee to supply their own tools and equipment,the employer must reimburse the employee for the cost of supplying such tools and equipment. The provisions of this clause do not apply where the tools and equipment are paid for by the employer.

(d) First aid allowance

An employee who has undertaken a first aid course and who is the holder of a current recognised first aid qualification such as a certificate from the St John Ambulance or similar body must be paid an allowance,per week,equal to 51% of the standard rate per week if they are appointed by the employer to perform first aid duty.

(e) Travelling allowance

Where an employee is required to travel from one place to another,the time occupied in travelling will be counted as time worked and paid for as such. Where an employee is compelled by their duties to spend the night away from home or the property at which the employee is employed (whichever is the employee’s normal place of sleeping during employment) the employer will reimburse the employee for the demonstrable cost of suitable accommodation. The provisions of this clause will not apply where the employer provides the employee with suitable accommodation free of charge.

18.2 District allowances

[17.2 varied by PR994305;deleted by PR561478 ppc 05Mar15]

18.2 Adjustment of expense related allowances

[17.3 renumbered as 17.2 by PR561478 ppc 05Mar15]

At the time of any adjustment to the standard rate,each expense related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.

The applicable index figure is the index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0),as follows:

Allowance	Applicable Consumer Price Index figure
Meal allowance	Take away and fast foods sub-group

19. Higher duties

[18 renumbered as 19 by PR716596 ppc 01Mar20]

An employee engaged for more than two hours during one day or shift on duties carrying a higher minimum wage than their ordinary classification must be paid the higher minimum wage for such day or shift. If an employee is engaged for two hours or less during one day or shift on duties carrying a higher minimum wage than their ordinary classification,they must be paid the higher minimum wage for the time so worked.

20. Payment of wages

[19 varied by PR711628;19 renumbered as 20 by PR716596 ppc 01Mar20]]

20.1 Period of payment

Wages must be paid weekly or fortnightly according to the actual ordinary hours worked each week or fortnight,or according to the applicable piecework payment.

20.2 Method of payment

Wages must be paid by cash,cheque or electronic funds transfer into the employee’s bank or other recognised financial institution account.

20.3 Payment on termination of employment

[19.3 substituted by PR711628 ppc 06Sep19]

(a) If the employment of an employee terminates,the employer must pay an employee the following amounts in accordance with this clause:

(i) the employee’s wages under this award for any complete or incomplete pay period up to the end of the day of the termination;and

(ii) all other amounts that are due to the employee under this award and the NES.

(b) The amounts described at clause 20.3(a)(i) must be paid to the employee:

(i) By cash or cheque on the day of termination or forwarded to the employee by post on the next working day;or

(ii) By electronic funds transfer no later than 7 days after the day on which the employee’s employment terminates.

(c) The amounts described at clause 20.3(a)(ii) must be paid to the employee:

(i) By cash or cheque on the day of termination or forwarded to the employee by post as soon as reasonably practicable and by no later than 7 days after the day on which the employee’s employment terminates;or

(ii) By electronic funds transfer by no later than 7 days after the day on which the employee’s employment terminates.

(d) The requirement to pay wages and other amounts under clause 20.3 is subject to further order of the Commission and the employer making deductions authorised by this award or the Act.

Note 1: Section 117(2) of the Act provides that an employer must not terminate an employee’s employment unless the employer has given the employee the required minimum period of notice or “has paid”to the employee payment instead of giving notice.

Note 2: Paragraph (d) allows the Commission to make an order delaying the requirement to make a payment under clause 20.3. For example,the Commission could make an order delaying the requirement to pay redundancy pay if an employer makes an application under section 120 of the Act for the Commission to reduce the amount of redundancy pay an employee is entitled to under the NES.

Note 3: State and Territory long service leave laws or long service leave entitlements under s.113 of the Act,may require an employer to pay an employee for accrued long service leave on the day on which the employee’s employment terminates or shortly after.

21. Accident pay

[Varied by PR994305,PR503635,PR561478;deleted by PR561478 ppc 05Mar15;new 20 inserted by PR571823 ppc 15Oct15;20 renumbered as 21 by PR716596 ppc 01Mar20]

21.1 Definitions

For the purposes of this clause,the following definitions will apply:

(a) Accident pay means a weekly payment made to an employee by the employer that is the difference between the weekly amount of compensation paid to an employee pursuant to the applicable workers’compensation legislation and the weekly amount that would have been received had the employee been on paid personal leave at the date of the injury (not including over award payments) provided the latter amount is greater than the former amount.

(b) Injury will be given the same meaning and application as applying under the applicable workers’compensation legislation covering the employer.

21.2 Entitlement to accident pay

The employer must pay accident pay where an employee suffers an injury and weekly payments of compensation are paid to the employee under the applicable workers’compensation legislation for a maximum period of 26 weeks.

21.3 Calculation of the period

(a) The 26 week period commences from the date of injury. In the event of more than one absence arising from one injury,such absences are to be cumulative in the assessment of the 26 week period.

(b) The termination by the employer of the employee’s employment within the 26 week period will not affect the employee’s entitlement to accident pay.

(c) For a period of less than one week,accident pay (as defined) will be calculated on a pro rata basis.

21.4 When not entitled to payment

An employee will not be entitled to any payment under this clause in respect of any period of paid annual leave or long service leave,or for any paid public holiday.

21.5 Return to work

If an employee entitled to accident pay under this clause returns to work on reduced hours or modified duties,the amount of accident pay due will be reduced by any amounts paid for the performance of such work.

21.6 Redemptions

In the event that an employee receives a lump sum payment in lieu of weekly payments under the applicable workers’compensation legislation,the liability of the employer to pay accident pay will cease from the date the employee receives that payment.

21.7 Damages independent of the Acts

Where the employee recovers damages from the employer or from a third party in respect of the said injury independently of the applicable workers’compensation legislation,such employee will be liable to repay to the employer the amount of accident pay which the employer has paid under this clause and the employee will not be entitled to any further accident pay thereafter.

21.8 Casual employees

For a casual employee,the weekly payment referred to in clause 21.1(a) will be calculated using the employee’s average weekly ordinary hours with the employer over the previous 12 months or,if the employee has been employed for less than 12 months by the employer,the employee’s average weekly ordinary hours over the period of employment with the employer. The weekly payment will include casual loading but will not include over award payments.

22. Superannuation

[Varied by PR989302,PR990537,PR994305,PR530233,PR545995,PR561478;21 renumbered as 22 by PR716596 ppc 01Mar20]

22.1 Superannuation legislation

(a) Superannuation legislation,including the Superannuation Guarantee (Administration) Act 1992 (Cth),the Superannuation Guarantee Charge Act 1992 (Cth),the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth),deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an employee does not choose a superannuation fund,any superannuation fund nominated in the award covering the employee applies.

(b) The rights and obligations in these clauses supplement those in superannuation legislation.

22.2 Employer contributions

An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.

22.3 Voluntary employee contributions

(a) Subject to the governing rules of the relevant superannuation fund,an employee may,in writing,authorise their employer to pay on behalf of the employee a specified amount from the post-taxation wages of the employee into the same superannuation fund as the employer makes the superannuation contributions provided for in clause 22.2.

(b) An employee may adjust the amount the employee has authorised their employer to pay from the wages of the employee from the first of the month following the giving of three months’written notice to their employer.

(c) The employer must pay the amount authorised under clauses 22.3(a) or (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 22.3(a) or (b) was made.

22.4 Superannuation fund

[21.4 substituted by PR994305 from 01Jan10]

Unless,to comply with superannuation legislation,the employer is required to make the superannuation contributions provided for in clause 22.2 to another superannuation fund that is chosen by the employee,the employer must make the superannuation contributions provided for in clause 22.2 and pay the amount authorised under clauses 22.3(a) or (b) to one of the following superannuation funds or its successor:

(a) AustSafe Super;

(b) Prime Super;

(c) Tasplan;

(d) Sunsuper;

[21.4(e) substituted by PR530233 ppc 26Oct12]

(e) CareSuper;

[21.4(f) varied by PR545995 ppc 01Jan14]

(f) any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008,provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector scheme;or

[21.4(g) inserted by PR545995 ppc 01Jan14]

(g) a superannuation fund or scheme which the employee is a defined benefit member of.

Part 5—Hours of Work and Related Matters

23. Ordinary hours of work and rostering

24. Breaks

25. Overtime

25A. Requests for flexible working arrangements

23. Ordinary hours of work and rostering

[Varied by PR991930,PR706485;22 renumbered as 23 by PR716596 ppc 01Mar20]

23.1 The ordinary hours of work for all full-time and part-time employees other than shiftworkers will not exceed 152 hours over a four week period provided that:

(a) The ordinary hours will be worked between Monday and Friday inclusive except by arrangement between the employer and the majority of employees in the section/s concerned that the ordinary hours will be worked between Monday and Saturday inclusive.

(b) The ordinary hours will be worked between 6.00 am and 6.00 pm except if varied by arrangement between the employer and the majority of the employees in the section/s concerned.

(c) The ordinary hours will not exceed eight hours per day except by arrangement between the employer and the majority of employees in the section/s concerned in which case ordinary hours should not exceed 12 hours on any day.

(d) All time worked by full-time and part-time employees in excess of the ordinary hours will be deemed overtime.

[New 22.2 inserted by PR706485 ppc 15Apr19]

23.2 The ordinary hours of work for casual employees other than shiftworkers will not exceed 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 23.2(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.

[22.2 renumbered as 22.3 by PR706485 ppc 15Apr19]

23.3 The ordinary hours of work for a shiftworker will not exceed 152 hours over a four week period provided that:

(a) The ordinary hours will be worked between Monday and Friday inclusive.

(b) For the purposes of this award:

(i) afternoon shift means any shift finishing after 6.00 pm and at or before midnight;and

(ii) night shift means any shift finishing after midnight and at or before 8.00 am.

(c) If an employee is directed to work on shifts the shift must not exceed eight hours without the payment of overtime.

(d) Shiftworkers whilst on afternoon and night shifts will be paid 15% more than the ordinary rates for such shifts.

(e) Where shiftwork is adopted,shifts will,as far as practicable,rotate regularly where two shifts are worked one will be regarded as day shift and the second the afternoon or night shift. Where three shifts are worked they will be divided into day,afternoon and night shifts.

(f) The employer has the right to decide before the commencement of such shiftwork which of the shifts will be the day shift and will notify each employee accordingly.

(g) The employer will keep a roster at the workplace that specifies the times which each shift will commence and finish and which shifts are deemed to be day shift.

(h) All time worked in excess of the ordinary hours will be deemed overtime.

24. Breaks

[23 renumbered as 24 by PR716596 ppc 01Mar20]

24.1 Meal break

(a) A meal break of not less than 30 minutes and not more than one hour will be allowed each day,to be taken not later than five hours after commencing ordinary hours of work. Provided that where there is agreement between the employer and an individual employee,the meal break may be taken at a time agreed.

(b) All work performed on the instruction of the employer during a recognised meal break will be paid for at 200% of the appropriate minimum wage. Such payment will continue until the employee is released for a meal break of not less than 30 minutes.

24.2 Rest break

Employees will be allowed a paid rest break of 10 minutes each morning. Where agreement is reached between the employer and employee for an additional rest break,such rest break will be unpaid and in addition to the employee’s ordinary hours of work.

24.3 Ten hour break after ceasing work for the day

(a) An employee is entitled to a break of 10 hours between finishing work on one day and commencing work on the next day.

(b) Overtime rates will be paid for work required to be performed where an employee has not had the 10 hour break until such time as the employee is released and able to take the 10 hour break.

25. Overtime

[Varied by PR991930,PR995388,PR998036,PR509181,PR523011,PR536814,PR551737,PR561478,PR566838,PR579534,PR592288,PR606510,PR706485,PR704155,PR707636;24 renumbered as 25 by PR716596 ppc01Mar20;varied by PR719000]

25.1 Time off instead of payment for overtime

[25.1 substituted by PR575710 ppc 27Nov17]

(a) An employee and employer may agree in writing to the employee taking time off instead of being paid for all overtime that is worked by the employee under this agreement.

(b) An agreement made under clause 25.1 will remain in place unless the agreement is terminated. The agreement can be terminated by the employer or employee at any time by notice in writing

(c) An agreement made under clause 25.1 must be in writing and must state each of the following:

(i) that the employer and employee agree that the employee may take time off instead of being paid for the overtime;

(ii) that the agreement can be terminated at any time by notice in writing;

(iii) that overtime worked after the agreement is terminated will be paid at the overtime rate applicable to the overtime when worked;

(iv) that time off instead of overtime must be taken within 6 months of it being worked,at a time or times agreed by the employee and employer;

(v) that,if time off is not taken as mentioned in paragraph (iv),the employer must pay the employee for the overtime,in the next pay period following those 6 months,at the overtime rate applicable to the overtime when worked.

Note:An example of the type of agreement required by this clause is set out at Schedule H. There is no requirement to use the form of agreement set out at Schedule H. An agreement under clause 25.1 can also be made by an exchange of emails between the employee and employer,or by other electronic means.

(d) The period of time off that an employee is entitled to take is the same as the number of overtime hours worked.

EXAMPLE:By making an agreement under clause 25.1 an employee who worked 2 overtime hours is entitled to 2 hours’time off.

(e) Time off must be taken:

(i) within the period of 6 months after the overtime is worked;and

(ii) at a time or times within that period of 6 months agreed by the employee and employer.

(f) If time off for overtime that has been worked is not taken within the period of 6 months mentioned in paragraph (e),the employer must pay the employee for the overtime,in the next pay period following those 6 months,at the overtime rate applicable to the overtime when worked unless the employer agrees to pay out the accrued overtime earlier.

(g) The employer must keep a copy of any agreement under clause 25.1 as an employee record.

(h) The employer must keep a record of the number of overtime hours worked by the employee,when those hours were worked and an updated record of the employee’s time off instead of payment for overtime balance.

(i) An employer must not exert undue influence or undue pressure on an employee in relation to a decision by the employee to make,or not make,an agreement to take time off instead of payment for overtime.

(j) An employee may,under section 65 of the Act,request to take time off,at a time or times specified in the request or to be subsequently agreed by the employer and the employee,instead of being paid for overtime worked by the employee. If the employer agrees to the request then clause 25.1 will apply,including the requirement for a written agreement under paragraph (c) for overtime that has been worked.

Note:If an employee makes a request under section 65 of the Act for a change in working arrangements,the employer may only refuse that request on reasonable business grounds (see section 65(5) of the Act).

(k) If,on the termination of the employee’s employment,time off for overtime worked by the employee to which clause 25.1 applies has not been taken,the employer must pay the employee for the overtime at the overtime rate applicable to the overtime when worked.

Note:Under section 345(1) of the Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 25.1.

25.2 Payment of overtime-other than casual employees

[25.2 renamed by PR706485 ppc 15Apr19]

(a) The rate of pay for overtime will be 150%,except for overtime worked on a Sunday.

(b) The rate of pay for overtime worked on a Sunday,except during harvest period,will be 200%.

(c) Should employees be required to work on a Saturday and the majority of such employees elect not to work on the Saturday but rather on the Sunday then such work performed on that Sunday will be paid for at the rate prescribed for Saturday work.

(d) During harvest period,the first eight hours of overtime in a week may include five hours work on a Sunday at the rate of 150% but all Sunday work in excess of the eighth overtime hour worked in the week,or in excess of five hours on a Sunday,will be paid at the rate of 200%.

(e) All employees required to work on a Sunday will be paid for a minimum of three hours.

25.3 Payment for overtime—casual employees

[New 25.3 inserted by PR706485 ppc15Apr19]

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).

25.4 Meal allowance

[25.3 varied by PR998036,PR509181,PR523011,PR536814,PR551737,PR566838,PR579534,PR592288,PR606510,PR704155 ppc 04Feb19;25.3 renumbered as 25.4 by PR706485 ppc 15Apr19;25.4 varied by PR707636,PR719000 ppc 01Nov20]

An employee required to work overtime for more than two hours after the employee’s ordinary ceasing time without having been notified before leaving work on the previous day that the employee will be required to work overtime,will be entitled to a payment of $13.09 for each meal not supplied or will be provided a suitable meal without cost. If the work extends into a second or subsequent meal break,this meal allowance will again apply.

25A. Requests for flexible working arrangements

[24A inserted by PR701424 ppc 01Dec18;24A renumbered as 25A by PR716596 ppc 01Mar20]

25A.1 Employee may request change in working arrangements

Clause 25A applies where an employee has made a request for a change in working arrangements under s.65 of the Act.

Note 1:Section 65 of the Act provides for certain employees to request a change in their working arrangements because of their circumstances,as set out in s.65(1A).

Note 2:An employer may only refuse a s.65 request for a change in working arrangements on ‘reasonable business grounds’(see s.65(5) and (5A)).

Note 3:Clause 25A is an addition to s.65.

25A.2 Responding to the request

Before responding to a request made under s.65,the employer must discuss the request with the employee and genuinely try to reach agreement on a change in working arrangements that will reasonably accommodate the employee’s circumstances having regard to:

(a) the needs of the employee arising from their circumstances;

(b) the consequences for the employee if changes in working arrangements are not made;and

(c) any reasonable business grounds for refusing the request.

Note 1:The employer must give the employee a written response to an employee’s s.65 request within 21 days,stating whether the employer grants or refuses the request (s.65(4)).

Note 2:If the employer refuses the request,the written response must include details of the reasons for the refusal (s.65(6)).

25A.3 What the written response must include if the employer refuses the request

Clause 25A.3 applies if the employer refuses the request and has not reached an agreement with the employee under clause 25A.2.

(a) The written response under s.65(4) must include details of the reasons for the refusal,including the business ground or grounds for the refusal and how the ground or grounds apply.

(b) If the employer and employee could not agree on a change in working arrangements under clause 25A.2,the written response under s.65(4) must:

(i) state whether or not there are any changes in working arrangements that the employer can offer the employee so as to better accommodate the employee’s circumstances;and

(ii) if the employer can offer the employee such changes in working arrangements,set out those changes in working arrangements.

25A.4 What the written response must include if a different change in working arrangements is agreed

If the employer and the employee reached an agreement under clause 25A.2 on a change in working arrangements that differs from that initially requested by the employee,the employer must provide the employee with a written response to their request setting out the agreed change(s) in working arrangements.

25A.5 Dispute resolution

Disputes about whether the employer has discussed the request with the employee and responded to the request in the way required by clause 25A,can be dealt with under clause 9—Dispute resolution.

Part 6—Leave and Public Holidays

26. Annual leave

27. Personal/carer’s leave and compassionate leave

28. Community service leave

29. Public holidays

30. Leave to deal with Family and Domestic Violence

26. Annual leave

[Varied by PR991930,PR994305,PR561478,PR568674,PR583017;25 renumbered as 26 by PR716596 ppc 01Mar20]

26.1 Annual leave is provided for in the NES.

26.2 Annual leave does not apply to a casual employee.

26.3 This clause contains additional and supplementary provisions.

26.4 Conversion to hourly entitlement

[25.4 substituted by PR994305 from 01Jan10]

An employer may reach agreement with the majority of employees concerned to convert the annual leave entitlement in s.87 of the Act to an hourly entitlement for administrative ease (e.g. 152 hours for a full-time employee entitled to four weeks annual leave).

26.5 Payment for period of annual leave

[25.5 substituted by PR994305 from 01Jan10]

Instead of the base rate of pay as referred to in s.90(1) of the Act,an employee under this award,before going on annual leave,must be paid the wages they would have received in respect of the ordinary hours the employee would have worked had the employee not been on leave during the relevant period.

26.6 Electronic funds transfer (EFT) payment of annual leave

[New 25.6 inserted by PR583017 ppc 29Jul16]

Despite anything else in this clause,an employee paid by electronic funds transfer (EFT) may be paid in accordance with their usual pay cycle while on paid annual leave.

26.7 Annual leave loading

[25.6 renumbered as 25.7 by PR583017 ppc 29Jul16]

During a period of annual leave an employee must also be paid an annual leave loading equal to 17.5% of the wages prescribed in clause 26.5.

26.8 Excessive leave accruals:general provision

[25.7 substituted by PR994305 from 01Jan10;25.7 renumbered as 25.8 by PR583017 ppc 29Jul16;25.8 renamed and substituted by PR583017 ppc 29Jul16]

Note:Clauses 26.8 to 26.10 contain provisions,additional to the National Employment Standards,about the taking of paid annual leave as a way of dealing with the accrual of excessive paid annual leave. See Part 2.2,Division 6 of the Fair Work Act.

(a) An employee has an excessive leave accrual if the employee has accrued more than 8 weeks’paid annual leave.

(b) If an employee has an excessive leave accrual,the employer or the employee may seek to confer with the other and genuinely try to reach agreement on how to reduce or eliminate the excessive leave accrual.

(c) Clause 26.9 sets out how an employer may direct an employee who has an excessive leave accrual to take paid annual leave.

(d) Clause 26.10 sets out how an employee who has an excessive leave accrual may require an employer to grant paid annual leave requested by the employee.

26.9 Excessive leave accruals:direction by employer that leave be taken

[New 25.9 inserted by PR583017 ppc 29Jul16]

(a) If an employer has genuinely tried to reach agreement with an employee under clause 26.8(b) but agreement is not reached (including because the employee refuses to confer),the employer may direct the employee in writing to take one or more periods of paid annual leave.

(b) However,a direction by the employer under paragraph (a):

(i) is of no effect if it would result at any time in the employee’s remaining accrued entitlement to paid annual leave being less than 6 weeks when any other paid annual leave arrangements (whether made under clause 26.8,26.9 or 26.10 or otherwise agreed by the employer and employee) are taken into account;and

(ii) must not require the employee to take any period of paid annual leave of less than one week;and

(iii) must not require the employee to take a period of paid annual leave beginning less than 8 weeks,or more than 12 months,after the direction is given;and

(iv) must not be inconsistent with any leave arrangement agreed by the employer and employee.

(c) The employee must take paid annual leave in accordance with a direction under paragraph (a) that is in effect.

(d) An employee to whom a direction has been given under paragraph (a) may request to take a period of paid annual leave as if the direction had not been given.

Note 1:Paid annual leave arising from a request mentioned in paragraph (d) may result in the direction ceasing to have effect. See clause 26.9(b)(i).

Note 2:Under section 88(2) of the Fair Work Act,the employer must not unreasonably refuse to agree to a request by the employee to take paid annual leave.

26.10 Excessive leave accruals:request by employee for leave

[25.10 inserted by PR583017;substituted by PR583017 ppc 29Jul17]

(a) If an employee has genuinely tried to reach agreement with an employer under clause 26.8(b) but agreement is not reached (including because the employer refuses to confer),the employee may give a written notice to the employer requesting to take one or more periods of paid annual leave.

(b) However,an employee may only give a notice to the employer under paragraph (a) if:

(i) the employee has had an excessive leave accrual for more than 6 months at the time of giving the notice;and

(ii) the employee has not been given a direction under clause 26.9(a) that,when any other paid annual leave arrangements (whether made under clause 26.8,26.9 or 26.10 or otherwise agreed by the employer and employee) are taken into account,would eliminate the employee’s excessive leave accrual.

(c) A notice given by an employee under paragraph (a) must not:

(i) if granted,result in the employee’s remaining accrued entitlement to paid annual leave being at any time less than 6 weeks when any other paid annual leave arrangements (whether made under clause 26.8,26.9 or 26.10 or otherwise agreed by the employer and employee) are taken into account;or

(ii) provide for the employee to take any period of paid annual leave of less than one week;or

(iii) provide for the employee to take a period of paid annual leave beginning less than 8 weeks,or more than 12 months,after the notice is given;or

(iv) be inconsistent with any leave arrangement agreed by the employer and employee.

(d) An employee is not entitled to request by a notice under paragraph (a) more than 4 weeks’paid annual leave in any period of 12 months.

(e) The employer must grant paid annual leave requested by a notice under paragraph (a).

26.11 Annual leave in advance

[25.8 renumbered as 25.9 by PR583017 ppc 29Jul16;25.9 renumbered as 25.11 by PR583017 ppc 29Jul16;25.11 renamed and substituted by PR583017 ppc 29Jul16]

(a) An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave.

(b) An agreement must:

(i) state the amount of leave to be taken in advance and the date on which leave is to commence;and

(ii) be signed by the employer and employee and,if the employee is under 18 years of age,by the employee’s parent or guardian.

Note:An example of the type of agreement required by clause 26.11 is set out at Schedule F. There is no requirement to use the form of agreement set out at Schedule F.

(c) The employer must keep a copy of any agreement under clause 26.11 as an employee record.

(d) If,on the termination of the employee’s employment,the employee has not accrued an entitlement to all of a period of paid annual leave already taken in accordance with an agreement under clause 26.11,the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

[25.9 substituted by PR994305;deleted by PR568674 ppc 16Oct15]

26.12 Proportionate leave on termination

[25.10 renumbered as 25.9 by PR568674 ppc 16Oct15;25.9 renumbered as 25.10 by PR583017 ppc 29Jul16;25.10 renumbered as 25.12 by PR583017 ppc 29Jul16]

On termination of employment,an employee must be paid for leave accrued that has not been taken at the appropriate wage calculated in accordance with clause 26.5.

26.13 Cashing out of annual leave

[25.13 inserted by PR583017 ppc 29Jul16]

(a) Paid annual leave must not be cashed out except in accordance with an agreement under clause 26.13.

(b) Each cashing out of a particular amount of paid annual leave must be the subject of a separate agreement under clause 26.13.

(c) An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee.

(d) An agreement under clause 26.13 must state:

(i) the amount of leave to be cashed out and the payment to be made to the employee for it;and

(ii) the date on which the payment is to be made.

(e) An agreement under clause 26.13 must be signed by the employer and employee and,if the employee is under 18 years of age,by the employee’s parent or guardian.

(f) The payment must not be less than the amount that would have been payable had the employee taken the leave at the time the payment is made.

(g) An agreement must not result in the employee’s remaining accrued entitlement to paid annual leave being less than 4 weeks.

(h) The maximum amount of accrued paid annual leave that may be cashed out in any period of 12 months is 2 weeks.

(i) The employer must keep a copy of any agreement under clause 26.13 as an employee record.

Note 1:Under section 344 of the Fair Work Act,an employer must not exert undue influence or undue pressure on an employee to make,or not make,an agreement under clause 26.13.

Note 2:Under section 345(1) of the Fair Work Act,a person must not knowingly or recklessly make a false or misleading representation about the workplace rights of another person under clause 26.13.

Note 3:An example of the type of agreement required by clause 26.13 is set out at 0. There is no requirement to use the form of agreement set out at 0.

27. Personal/carer’s leave and compassionate leave

[26 renumbered as 27 by PR716596 ppc 01Mar20]

Personal/carer’s leave and compassionate leave are provided for in the NES.

28. Community service leave

28.1 Community service leave is provided for in the NES.

28.2 Reimbursement for jury service

(a) A full-time employee required to attend for jury service during their ordinary hours of work must be reimbursed by the employer an amount equal to the difference between the amount paid to the employee in respect of the employee’s attendance for such jury service and the wages the employee would have received in respect of the ordinary hours the employee would have worked had the employee not been on jury service.

(b) Where a part-time employee is required to attend for jury service and such attendance coincides with a day on which the employee would normally be required to work,payment must be made to the employee in accordance with clause 28.2(a).

29. Public holidays

[Varied by PR706485,PR712240;28 renumbered as 29 by PR716596 ppc 01Mar20]

29.1 Public holidays are provided for in the NES.

29.2 Substitution of certain public holidays by agreement at the enterprise

[28.2 substituted by PR712240 ppc 04Oct19]

(a) An employer and employee may agree to substitute another day for a day that would otherwise be a public holiday under the NES.

(b) An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.

29.3 Public holiday rates of pay—other than casual employees

[28.3 renamed by PR706485 ppc 15Apr19]

All work performed on public holidays will be paid for at the rate of 200% of the ordinary rate.

29.4 Public holiday rates of pay—casual employees

[28.4 inserted by PR706485 ppc 15Apr19]

All hours worked by a casual employee on a public holiday (both ordinary hours and any overtime) 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).

[Note inserted by PR712240 ppc 04Oct19]

NOTE:For provisions relating to part-day public holidays see Schedule E —Part-day Public Holidays.

30. Leave to deal with Family and Domestic Violence

[29 inserted by PR609345 ppc 01Aug18;29 renumbered as 30 by PR716596 ppc 01Mar20]

30.1 This clause applies to all employees,including casuals.

30.2 Definitions

(a) In this clause:

family and domestic violence means violent,threatening or other abusive behaviour by a family member of an employee that seeks to coerce or control the employee and that causes them harm or to be fearful.

family member means:

(i) a spouse,de facto partner,child,parent,grandparent,grandchild or sibling of the employee;or

(ii) a child,parent,grandparent,grandchild or sibling of a spouse or de facto partner of the employee;or

(iii) a person related to the employee according to Aboriginal or Torres Strait Islander kinship rules.

(b) A reference to a spouse or de facto partner in the definition of family member in clause 30.2(a) includes a former spouse or de facto partner.

30.3 Entitlement to unpaid leave

An employee is entitled to 5 days’unpaid leave to deal with family and domestic violence,as follows:

(a) the leave is available in full at the start of each 12 month period of the employee’s employment;and

(b) the leave does not accumulate from year to year;and

(c) is available in full to part-time and casual employees.

Note:1. A period of leave to deal with family and domestic violence may be less than a day by agreement between the employee and the employer.

2. The employer and employee may agree that the employee may take more than 5 days’unpaid leave to deal with family and domestic violence.

30.4 Taking unpaid leave

An employee may take unpaid leave to deal with family and domestic violence if the employee:

(a) is experiencing family and domestic violence;and

(b) needs to do something to deal with the impact of the family and domestic violence and it is impractical for the employee to do that thing outside their ordinary hours of work.

Note:The reasons for which an employee may take leave include making arrangements for their safety or the safety of a family member (including relocation),attending urgent court hearings,or accessing police services.

30.5 Service and continuity

The time an employee is on unpaid leave to deal with family and domestic violence does not count as service but does not break the employee’s continuity of service.

30.6 Notice and evidence requirements

(a) Notice

An employee must give their employer notice of the taking of leave by the employee under clause 30. The notice:

(i) must be given to the employer as soon as practicable (which may be a time after the leave has started);and

(ii) must advise the employer of the period,or expected period,of the leave.

(b) Evidence

An employee who has given their employer notice of the taking of leave under clause 30 must,if required by the employer,give the employer evidence that would satisfy a reasonable person that the leave is taken for the purpose specified in clause 30.4.

Note:Depending on the circumstances such evidence may include a document issued by the police service,a court or a family violence support service,or a statutory declaration.

30.7 Confidentiality

(a) Employers must take steps to ensure information concerning any notice an employee has given,or evidence an employee has provided under clause 30.6 is treated confidentially,as far as it is reasonably practicable to do so.

(b) Nothing in clause 30 prevents an employer from disclosing information provided by an employee if the disclosure is required by an Australian law or is necessary to protect the life,health or safety of the employee or another person.

Note:Information concerning an employee’s experience of family and domestic violence is sensitive and if mishandled can have adverse consequences for the employee. Employers should consult with such employees regarding the handling of this information.

30.8 Compliance

An employee is not entitled to take leave under clause 30 unless the employee complies with clause 30.

Schedule A—Transitional Provisions

[Varied by PR988417,PR994305,PR503635]

A.1 General

A.1.1 The provisions of this schedule deal with minimum obligations only.

[A.1.2 substituted by PR994305 from 01Jan10]

A.1.2 The provisions of this schedule are to be applied:

(a) when there is a difference,in money or percentage terms,between a provision in a relevant transitional minimum wage instrument (including the transitional default casual loading) or award-based transitional instrument on the one hand and an equivalent provision in this award on the other;

(b) when a loading or penalty in a relevant transitional minimum wage instrument or award-based transitional instrument has no equivalent provision in this award;

(c) when a loading or penalty in this award has no equivalent provision in a relevant transitional minimum wage instrument or award-based transitional instrument;or

(d) when there is a loading or penalty in this award but there is no relevant transitional minimum wage instrument or award-based transitional instrument.

A.2 Minimum wages –existing minimum wage lower

A.2.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

(a) was obliged,

[A.2.1(b) substituted by PR994305 from 01Jan10]

(b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or

(c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

by a transitional minimum wage instrument and/or an award-based transitional instrument to pay a minimum wage lower than that in this award for any classification of employee.

A.2.2 In this clause minimum wage includes:

(a) a minimum wage for a junior employee,an employee to whom training arrangements apply and an employee with a disability;

(b) a piecework rate;and

(c) any applicable industry allowance.

A.2.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.

A.2.4 The difference between the minimum wage for the classification in this award and the minimum wage in clause A.2.3 is referred to as the transitional amount.

A.2.5 From the following dates the employer must pay no less than the minimum wage for the classification in this award minus the specified proportion of the transitional amount:

First full pay period on or after
1 July 2010	80%
1 July 2011	60%
1 July 2012	40%
1 July 2013	20%

A.2.6 The employer must apply any increase in minimum wages in this award resulting from an annual wage review.

A.2.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.3 Minimum wages –existing minimum wage higher

A.3.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

(a) was obliged,

[A.3.1(b) substituted by PR994305 from 01Jan10]

(b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or

(c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

by a transitional minimum wage instrument and/or an award-based transitional instrument to pay a minimum wage higher than that in this award for any classification of employee.

A.3.2 In this clause minimum wage includes:

(a) a minimum wage for a junior employee,an employee to whom training arrangements apply and an employee with a disability;

(b) a piecework rate;and

(c) any applicable industry allowance.

A.3.3 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the minimum wage in the relevant transitional minimum wage instrument and/or award-based transitional instrument for the classification concerned.

A.3.4 The difference between the minimum wage for the classification in this award and the minimum wage in clause A.3.3 is referred to as the transitional amount.

A.3.5 From the following dates the employer must pay no less than the minimum wage for the classification in this award plus the specified proportion of the transitional amount:

First full pay period on or after
1 July 2010	80%
1 July 2011	60%
1 July 2012	40%
1 July 2013	20%

A.3.6 The employer must apply any increase in minimum wages in this award resulting from an annual wage review. If the transitional amount is equal to or less than any increase in minimum wages resulting from the 2010 annual wage review the transitional amount is to be set off against the increase and the other provisions of this clause will not apply.

A.3.7 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.4 Loadings and penalty rates

For the purposes of this schedule loading or penalty means a:

●casual or part-time loading;

●Saturday,Sunday,public holiday,evening or other penalty;

●shift allowance/penalty.

A.5 Loadings and penalty rates –existing loading or penalty rate lower

[A.5.1 substituted by PR994305 from 01Jan10]

A.5.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

(a) was obliged,

(b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or

(c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

by the terms of a transitional minimum wage instrument or an award-based transitional instrument to pay a particular loading or penalty at a lower rate than the equivalent loading or penalty in this award for any classification of employee.

[A.5.2 substituted by PR994305 from 01Jan10]

A.5.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the loading or penalty in the relevant transitional minimum wage instrument or award-based transitional instrument for the classification concerned.

A.5.3 The difference between the loading or penalty in this award and the rate in clause A.5.2 is referred to as the transitional percentage.

A.5.4 From the following dates the employer must pay no less than the loading or penalty in this award minus the specified proportion of the transitional percentage:

First full pay period on or after
1 July 2010	80%
1 July 2011	60%
1 July 2012	40%
1 July 2013	20%

A.5.5 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.6 Loadings and penalty rates –existing loading or penalty rate higher

[A.6.1 substituted by PR994305 from 01Jan10]

A.6.1 The following transitional arrangements apply to an employer which,immediately prior to 1 January 2010:

(a) was obliged,

(b) but for the operation of an agreement-based transitional instrument or an enterprise agreement would have been obliged,or

(c) if it had been an employer in the industry or of the occupations covered by this award would have been obliged

by the terms of a transitional minimum wage instrument or an award-based transitional instrument to pay a particular loading or penalty at a higher rate than the equivalent loading or penalty in this award,or to pay a particular loading or penalty and there is no equivalent loading or penalty in this award,for any classification of employee.

[A.6.2 substituted by PR994305 from 01Jan10]

A.6.2 Prior to the first full pay period on or after 1 July 2010 the employer must pay no less than the loading or penalty in the relevant transitional minimum wage instrument or award-based transitional instrument.

[A.6.3 substituted by PR994305 from 01Jan10]

A.6.3 The difference between the loading or penalty in this award and the rate in clause A.6.2 is referred to as the transitional percentage. Where there is no equivalent loading or penalty in this award,the transitional percentage is the rate in A.6.2.

A.6.4 From the following dates the employer must pay no less than the loading or penalty in this award plus the specified proportion of the transitional percentage:

First full pay period on or after
1 July 2010	80%
1 July 2011	60%
1 July 2012	40%
1 July 2013	20%

A.6.5 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.7 Loadings and penalty rates –no existing loading or penalty rate

[A.7.1 substituted by PR994305 from 01Jan10]

A.7.1 The following transitional arrangements apply to an employer not covered by clause A.5 or A.6 in relation to a particular loading or penalty in this award.

A.7.2 Prior to the first full pay period on or after 1 July 2010 the employer need not pay the loading or penalty in this award.

[A.7.3 substituted by PR994305 from 01Jan10]

A.7.3 From the following dates the employer must pay no less than the following percentage of the loading or penalty in this award:

First full pay period on or after
1 July 2010	20%
1 July 2011	40%
1 July 2012	60%
1 July 2013	80%

A.7.4 These provisions cease to operate from the beginning of the first full pay period on or after 1 July 2014.

A.8 Former Division 2B employers

[A.8 inserted by PR503635 ppc 01Jan11]

A.8.1 This clause applies to an employer which,immediately prior to 1 January 2011,was covered by a Division 2B State award.

A.8.2 All of the terms of a Division 2B State award applying to a Division 2B employer are continued in effect until the end of the full pay period commencing before 1 February 2011.

A.8.3 Subject to this clause,from the first full pay period commencing on or after 1 February 2011 a Division 2B employer must pay no less than the minimum wages,loadings and penalty rates which it would be required to pay under this Schedule if it had been a national system employer immediately prior to 1 January 2010.

A.8.4 Despite clause A.8.3,where a minimum wage,loading or penalty rate in a Division 2B State award immediately prior to 1 February 2011 was lower than the corresponding minimum wage,loading or penalty rate in this award,nothing in this Schedule requires a Division 2B employer to pay more than the minimum wage,loading or penalty rate in this award.

A.8.5 Despite clause A.8.3,where a minimum wage,loading or penalty rate in a Division 2B State award immediately prior to 1 February 2011 was higher than the corresponding minimum wage,loading or penalty rate in this award,nothing in this Schedule requires a Division 2B employer to pay less than the minimum wage,loading or penalty rate in this award.

A.8.6 In relation to a Division 2B employer this Schedule commences to operate from the beginning of the first full pay period on or after 1 January 2011 and ceases to operate from the beginning of the first full pay period on or after 1 July 2014.

Schedule B—Classification Structure and Definitions

[Varied by PR988417]

B.1 Level 1

B.1.1 Level 1 employee means an employee classified in accordance with the following criteria:

B.1.2 General description

An employee at this level:

●undertakes induction training which may include information on the enterprise,conditions of employment,introduction to supervisors and fellow workers,training and career opportunities,plant layout,work and documentation procedures,occupational health and safety,equal employment opportunity and quality control/assurance;

●performs routine duties essentially of a manual nature and to the level of their training;

●exercises minimal judgment;

●works under direct supervision;

●is responsible for the quality of their own work;

●is a new employee;or is an existing employee performing work within this grade who is undertaking training so as to enable advancement to Level 2.

B.1.3 Indicative duties

Indicative of the duties an employee may perform at this level are:

●performing general labouring duties;

●fruit or vegetable picking,thinning or pruning;

●operating small towing tractor engaged in transfer of produce bins and other containers during harvest;

●performing a range of housekeeping tasks in premises and grounds;

●sorting,packing or grading of produce where this requires the exercise of only minimal judgment;

●performing basic recording functions related to work performed at this level;

●providing assistance within the scope of this level to other employees as required;

●undertaking structured training so as to enable advancement to Level 2.

B.2 Level 2 employee

B.2.1 Level 2 employee means an employee classified in accordance with the following criteria:

B.2.2 General description

An employee at this level:

●has completed up to three months structured training so as to enable the performance of work within the scope of this level;

●works under general supervision either individually or in a team environment;

●works with established routines,methods and procedures;

●performs a range of tasks involving the use of skills above and beyond those of Level 1 and to the level of their training;

●exercises limited discretion;

●is responsible for the quality of their own work;

●receives training in occupational health and safety standards and practices relevant to the site;

●performs lower level tasks as required without loss of pay unless re-engaged to perform tasks at predominantly a lower skill level.

B.2.3 Indicative duties

Indicative of the duties an employee may perform at this level are:

●performing a range of tasks involving the set up and operation of production and/or packaging or picking equipment,labelling and/or consumer picking equipment;

●repetition work on automatic,semi-automatic or single purpose machines or equipment;

●assembling/dismantling components using basic written,spoken and/or diagrammatic instructions in an assembly environment;

●irrigation,spraying or pruning under general supervision;

●sorting,packing and grading beyond the scope of Level 1 duties;

●maintaining simple records;

●using hand trolleys,pallet trucks or other mechanical or power driven lifting or handling devices not requiring a licence;

●operating tractors with engine capacity of up to 70 kW;

●general and routine product testing;

●providing assistance within the scope of this level to other employees as required;

●assisting in the provision of on-the-job training in conjunction with supervisors,tradespersons or trainers;

●undertaking further training so as to enable advancement to Level 3.

B.3 Level 3 employee

B.3.1 Level 3 employee means an employee classified in accordance with the following criteria:

B.3.2 General description

An employee at this level:

●performs work above and beyond the skills of an employee at Level 2 and to the level of their training;

●works under routine supervision either individually or in a team environment;

●exercises discretion with their level of skills and training;

●is responsible for the quality of their own work;

●receives training in occupational health and safety standards and practices in work areas relevant to the site and appropriate to this award;

●may perform any lower level task as required without loss of pay.

B.3.3 Indicative duties

Indicative of the duties an employee may perform at this level are:

●driving motor lorries or mechanical harvesters or forklifts;

●operating tractors with engine capacity of over 70 kW;

●minor maintenance of plant;

●irrigation,spraying,pruning without supervision;

●assisting in the training,instruction and coordination of employees;

●recording detailed information on production and quality indicators;

●providing assistance within the scope of this level to other employees;

●undertaking further training so as to enable advancement to Level 4.

B.4 Level 4 employee

B.4.1 Level 4 employee means an employee classified in accordance with the following criteria:

B.4.2 General description

An employee at this level:

●performs work above and beyond the skills of an employee at Level 3 and to the level of their training;

●coordinates work in a team environment or works individually under general supervision;

●exercises discretion with their level of skills and training;

●is responsible for the quality of their own work;

●has knowledge of the employer’s operation as it relates to the production process;

●monitors the application of occupational health and safety standards in work areas relevant to the site and appropriate to this level;

●may perform any lower level task as required without loss of pay.

B.4.3 Indicative duties

Indicative of the duties an employee may perform at this level are:

●using precision measuring instruments;

●machine setting,loading and operation;

●inventory and store control;

●licensed operation of all appropriate materials handling equipment;

●basic engineering and fault handling;

●basic non-trades maintenance involving the use of tools and equipment within the scope of this award;

●licensed and certified to operate forklifts,engine driving and crane driving operation;

●furnace/boiler operator;

●performing quality checks on the work of others;

●quality assurance/control;

●assisting in provision of on-the-job training;

●monitoring variables affecting production yields,detecting errors,investigating causes and recommending collective/preventative action;

●providing assistance within the scope of this level to other employees;

●undertaking further training so as to enable advancement to Level 5.

B.5 Level 5 employee

B.5.1 Level 5 employee means an employee classified in accordance with the following criteria:

B.5.2 General description

An employee at this level:

●works above and beyond the skills of an employee at Level 4 and to the level of their training;

●performs work under minimal supervision either individually or in a team environment;

●coordinates and schedules approved work in a team environment;

●exercises good interpersonal communication skills;

●exercises discretion within the scope of this grade;

●possesses and uses a trade qualification in the course of their duties;

●has a sound knowledge of the employer’s operation as it relates to the production process;

●undertakes lower level tasks as required without loss of pay.

B.5.3 Indicative duties

Indicative of the duties an employee may perform at this level are:

●inspecting products and/or materials for conformity with established operational standards and approves/passes first off samples;

●operating,setting up and adjusting maintenance functions including (but not limited to):

●removing equipment fastenings including use of destructive cutting equipment;

●running adjustments to production equipment;

●operating all lifting equipment;

●basic production scheduling and materials handling within the scope of production process or directly related functions;

●exercising high level stores and inventory responsibilities;

●providing on-the-job training;

●providing assistance within the scope of this level to other employees.

Schedule C—Supported Wage System

[Varied by PR988417,PR991930,PR994305,PR998748,PR510670,PR525068,PR537893,PR542148,PR551831,PR568050,PR581528,PR592689,PR606630,PR709080,PR719661]

C.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.

[C.2 varied by PR568050 ppc 01Jul15]

C.2 In this schedule:

approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system

assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system

disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991,as amended from time to time,or any successor to that scheme

relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged

supported wage system means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability,as documented in the Supported Wage System Handbook. The Handbook is available from the following website:www.jobaccess.gov.au

SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate

C.3 Eligibility criteria

C.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award,because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.

C.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.

C.4 Supported wage rates

C.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:

Assessed capacity (clause C.5) %	Relevant minimum wage %
10	10
20	20
30	30
40	40
50	50
60	60
70	70
80	80
90	90

[C.4.2 varied by PR994305,PR998748,PR510670,PR525068,PR537893,PR551831,PR568050,PR581528,PR592689,PR606630,PR709080,PR719661 ppc 01Jul20]

C.4.2 Provided that the minimum amount payable must be not less than $89 per week.

C.4.3 Where an employee’s assessed capacity is 10%,they must receive a high degree of assistance and support.

C.5 Assessment of capacity

C.5.1 For the purpose of establishing the percentage of the relevant minimum wage,the productive capacity of the employee will be assessed in accordance with the Supported Wage System by an approved assessor,having consulted the employer and employee and,if the employee so desires,a union which the employee is eligible to join.

C.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement,and retained by the employer as a time and wages record in accordance with the Act.

C.6 Lodgement of SWS wage assessment agreement

[C.6.1 varied by PR542148 ppc 04Dec13]

C.6.1 All SWS wage assessment agreements under the conditions of this schedule,including the appropriate percentage of the relevant minimum wage to be paid to the employee,must be lodged by the employer with the Fair Work Commission.

[C.6.2 varied by PR542148 ppc 04Dec13]

C.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment,the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.

C.7 Review of assessment

The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the supported wage system.

C.8 Other terms and conditions of employment

Where an assessment has been made,the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.

C.9 Workplace adjustment

An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties,working time arrangements and work organisation in consultation with other workers in the area.

C.10 Trial period

C.10.1 In order for an adequate assessment of the employee’s capacity to be made,an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks,except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.

C.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.

[C.10.3 varied by PR994305,PR998748,PR510670,PR525068,PR537893,PR551831,PR568050,PR581528,PR592689,PR606630,PR709080,PR719661 ppc 01Jul20]

C.10.3 The minimum amount payable to the employee during the trial period must be no less than $89 per week.

C.10.4 Work trials should include induction or training as appropriate to the job being trialled.

C.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period,a further contract of employment will be entered into based on the outcome of assessment under clause C.5.

Schedule D—National Training Wage

[Varied by PR988417;substituted by PR994305;varied by PR997908,PR509059,PR522890,PR536693,PR545787,PR551616,PR566697,PR579790;deleted by PR593823 ppc 01Jul17]

Schedule E—Part-day Public Holidays

[Sched E inserted by PR532630 ppc 23Nov12;renamed and varied by PR544519 ppc 21Nov13;renamed and varied by PR557581,PR573679,PR580863,PR598110,PR701683 ppc 21Nov18;varied by PR712240,PR715133,PR716596]

This schedule operates where this award otherwise contains provisions dealing with public holidays that supplement the NES.

[E.1 varied by PR715133 ppc 18Nov19]

E.1 Where a part-day public holiday is declared or prescribed between 6.00 pm and midnight,or 7.00 pm and midnight on Christmas Eve (24 December in each year) or New Year’s Eve (31 December in each year) the following will apply on Christmas Eve and New Year’s Eve and will override any provision in this award relating to public holidays to the extent of the inconsistency:

(a) All employees will have the right to refuse to work on the part-day public holiday if the request to work is not reasonable or the refusal is reasonable as provided for in the NES.

[E.1(b) varied by PR715133 ppc 18Nov19]

(b) Where a part-time or full-time employee is usually rostered to work ordinary hours on the declared or prescribed part-day public holiday but as a result of exercising their right under the NES does not work,they will be paid their ordinary rate of pay for such hours not worked.

[E.1(c) substituted by PR715133 ppc 18Nov19]

(c) Where a part-time or full-time employee is usually rostered to work ordinary hours on the declared or prescribed part-day public holiday but as a result of being on annual leave does not work,they will be taken not to be on annual leave during the hours of the declared or prescribed part-day public holiday that they would have usually been rostered to work and will be paid their ordinary rate of pay for such hours.

[E.1(d) varied by PR715133 ppc 18Nov19]

(d) Where a part-time or full-time employee is usually rostered to work ordinary hours on the declared or prescribed part-day public holiday,but as a result of having a rostered day off (RDO) provided under this award,does not work,the employee will be taken to be on a public holiday for such hours and paid their ordinary rate of pay for those hours.

[E.1(e) varied by PR715133 ppc 18Nov19,PR716596 ppc 01Mar20]

(e) Excluding annualised wage arrangement employees to whom clause E.1(f) applies,where an employee works any hours on the declared or prescribed part-day public holiday they will be entitled to the appropriate public holiday penalty rate (if any) in this award for those hours worked.

[E.1(f) varied by PR715133 ppc 18Nov19,PR716596 ppc 01Mar20]

(f) Where an employee is paid an annualised wage arrangement under the provisions of this award and is entitled under this award to time off in lieu or additional annual leave for work on a public holiday,they will be entitled to time off in lieu or pro-rata annual leave equivalent to the time worked on the declared or prescribed part-day public holiday.

[E.1(g) varied by PR715133 ppc 18Nov19]

(g) An employee not rostered to work on the declared or prescribed part-day public holiday,other than an employee who has exercised their right in accordance with clause E.1(a),will not be entitled to another day off,another day’s pay or another day of annual leave as a result of the part-day public holiday.

[E.2 inserted by PR712240 ppc 04Oct19]

E.2 An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.

This schedule is not intended to detract from or supplement the NES.

Schedule F—Agreement to Take Annual Leave in Advance

[Sched F inserted by PR583017 ppc 29Jul16]

Link to PDF copy of Agreement to Take Annual Leave in Advance.

Name of employee:_____________________________________________

Name of employer:_____________________________________________

The employer and employee agree that the employee will take a period of paid annual leave before the employee has accrued an entitlement to the leave:

The amount of leave to be taken in advance is:____ hours/days

The leave in advance will commence on:___/___/20___

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

[If the employee is under 18 years of age - include:]

I agree that:

if,on termination of the employee’s employment,the employee has not accrued an entitlement to all of a period of paid annual leave already taken under this agreement,then the employer may deduct from any money due to the employee on termination an amount equal to the amount that was paid to the employee in respect of any part of the period of annual leave taken in advance to which an entitlement has not been accrued.

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

Schedule G—Agreement to Cash Out Annual Leave

[Sched G inserted by PR583017 ppc 29Jul16]

Link to PDF copy of Agreement to Cash Out Annual Leave.

Name of employee:_____________________________________________

Name of employer:_____________________________________________

The employer and employee agree to the employee cashing out a particular amount of the employee’s accrued paid annual leave:

The amount of leave to be cashed out is:____ hours/days

The payment to be made to the employee for the leave is:$_______ subject to deduction of income tax/after deduction of income tax (strike out where not applicable)

The payment will be made to the employee on:___/___/20___

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

Include if the employee is under 18 years of age:

Name of parent/guardian:________________________________________

Signature of parent/guardian:________________________________________

Date signed:___/___/20___

Schedule H—Agreement for time off instead of payment for overtime

[Sched H inserted by PR575710 ppc 27Nov17]

Name of employee:_____________________________________________

Name of employer:_____________________________________________

1. The employer and employee agree that the employee will take time off instead of being paid for all overtime that is worked by the employee under this agreement.

2. Time off must be taken within 6 months of the overtime being worked at a time or times agreed by the employee and employer. If time off is not taken within 6 months of it being worked then the employer must pay the employee for the overtime,in the next pay period following those 6 months,at the overtime rate applicable to the overtime when worked,unless the employer agrees to pay out the accrued overtime earlier.

3. This agreement will remain in place until the agreement is terminated. The agreement may be terminated by the employer or employee at any time by notice in writing.

4. If the agreement is terminated,the employer must pay the employee for overtime worked at the overtime rate applicable to the overtime when it was worked.

Signature of employee:________________________________________

Date signed:___/___/20___

Name of employer representative:________________________________________

Signature of employer representative:________________________________________

Date signed:___/___/20___

Schedule X—Additional Measures During the COVID-19 Pandemic

[Sched X inserted by PR718141 ppc 08Apr20;varied by PR720705,PR723048]

[X.1 varied by PR720705,PR723048 ppc 30Sep20]

X.1 Subject to clauses X.2.1(d) and X.2.2(c),Schedule X operates from 8 April 2020 until 29 March 2021. The period of operation can be extended on application.

X.2 During the operation of Schedule X,the following provisions apply:

X.2.1 Unpaid pandemic leave

(a) Subject to clauses X.2.1(b),(c) and (d),any employee is entitled to take up to 2 weeks’unpaid leave if the employee is required by government or medical authorities or on the advice of a medical practitioner to self-isolate and is consequently prevented from working,or is otherwise prevented from working by measures taken by government or medical authorities in response to the COVID-19 pandemic.

(b) The employee must give their employer notice of the taking of leave under clause X.2.1(a) and of the reason the employee requires the leave,as soon as practicable (which may be a time after the leave has started).

(c) An employee who has given their employer notice of taking leave under clause X.2.1(a) must,if required by the employer,give the employer evidence that would satisfy a reasonable person that the leave is taken for a reason given in clause X.2.1(a).

[X.2.1(d) varied by PR720705,PR723048 ppc 30Sep20]

(d) A period of leave under clause X.2.1(a) must start before 29 March 2021,but may end after that date.

(e) Leave taken under clause X.2.1(a) does not affect any other paid or unpaid leave entitlement of the employee and counts as service for the purposes of entitlements under this award and the NES.

NOTE:The employer and employee may agree that the employee may take more than 2 weeks’unpaid pandemic leave.

X.2.2 Annual leave at half pay

(a) Instead of an employee taking paid annual leave on full pay,the employee and their employer may agree to the employee taking twice as much leave on half pay.

(b) Any agreement to take twice as much annual leave at half pay must be recorded in writing and retained as an employee record.

[X.2.2(c) varied by PR720705,PR723048 ppc 30Sep20]

(c) A period of leave under clause X.2.2(a) must start before 29 March 2021,but may end after that date.

EXAMPLE:Instead of an employee taking one week’s annual leave on full pay,the employee and their employer may agree to the employee taking 2 weeks’annual leave on half pay. In this example:

●the employee’s pay for the 2 weeks’leave is the same as the pay the employee would have been entitled to for one week’s leave on full pay (where one week’s full pay includes leave loading under the Annual Leave clause of this award);and

●one week of leave is deducted from the employee’s annual leave accrual.

NOTE 1:A employee covered by this award who is entitled to the benefit of clause X.2.1 or X.2.2 has a workplace right under section 341(1)(a) of the Act.

NOTE 2:Under section 340(1) of the Act,an employer must not take adverse action against an employee because the employee has a workplace right,has or has not exercised a workplace right,or proposes or does not propose to exercise a workplace right,or to prevent the employee exercising a workplace right. Under section 342(1) of the Act,an employer takes adverse action against an employee if the employer dismisses the employee,injures the employee in his or her employment,alters the position of the employee to the employee’s prejudice,or discriminates between the employee and other employees of the employer.

NOTE 3:Under section 343(1) of the Act,a person must not organise or take,or threaten to organise or take,action against another person with intent to coerce the person to exercise or not exercise,or propose to exercise or not exercise,a workplace right,or to exercise or propose to exercise a workplace right in a particular way.

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Details

(1)

Code:

MA000028

Title:

Horticulture Award 2020

Effective:

14 Nov 2022

Instrument Type:

Modern Award

Versions

(60)

MA000028 - 14 Nov 2022

Horticulture Award 2020

MA000028 - 17 Oct 2022

Horticulture Award 2020

MA000028 - 1 Jul 2022

Horticulture Award 2020

MA000028 - 28 Apr 2022

Horticulture Award 2020

MA000028 - 1 Jan 2022

Horticulture Award 2020

MA000028 - 27 Sep 2021

Horticulture Award 2020

MA000028 - 1 Jul 2021

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MA000028 - 1 Jul 2021

Horticulture Award 2020

MA000028 - 1 Jul 2021

Horticulture Award 2020

MA000028 - 26 Mar 2021

Horticulture Award 2020

MA000028 - 13 Nov 2020

Horticulture Award 2020

MA000028 - 31 Oct 2020

Horticulture Award 2020

MA000028 - 24 Sep 2020

Horticulture Award 2020

MA000028 - 2 Jul 2020

Horticulture Award 2020

MA000028 - 26 Jun 2020

Horticulture Award 2020

MA000028 - 12 Jun 2020

Horticulture Award 2020

MA000028 - 8 Apr 2020

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MA000028 - 12 Feb 2020

Horticulture Award 2020

MA000028 - 12 Feb 2020

Horticulture Award 2020

MA000028 - 19 Dec 2019

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MA000028 - 20 Sep 2019

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MA000028 - 26 Aug 2019

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MA000028 - 20 Jun 2019

Horticulture Award 2020

MA000028 - 18 Apr 2019

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MA000028 - 2 Apr 2019

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MA000028 - 21 Nov 2018

Horticulture Award 2020

MA000028 - 7 Nov 2018

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MA000028 - 26 Oct 2018

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MA000028 - 2 Oct 2018

Horticulture Award 2020

MA000028 - 27 Jul 2018

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MA000028 - 20 Jun 2018

Horticulture Award 2020

MA000028 - 22 Dec 2017

Horticulture Award 2020

MA000028 - 4 Dec 2017

Horticulture Award 2020

MA000028 - 29 Jul 2017

Horticulture Award 2020

MA000028 - 21 Jun 2017

Horticulture Award 2020

MA000028 - 29 Jul 2016

Horticulture Award 2020

MA000028 - 21 Jun 2016

Horticulture Award 2020

MA000028 - 16 Nov 2015

Horticulture Award 2020

MA000028 - 16 Oct 2015

Horticulture Award 2020

MA000028 - 26 Jun 2015

Horticulture Award 2020

MA000028 - 18 Jun 2015

Horticulture Award 2020

MA000028 - 5 Mar 2015

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MA000028 - 12 Nov 2014

Horticulture Award 2020

MA000028 - 27 Jun 2014

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MA000028 - 19 Jun 2014

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MA000028 - 30 Dec 2013

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MA000028 - 17 Dec 2013

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MA000028 - 13 Nov 2013

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MA000028 - 6 Dec 2010

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Decisions

(24)

PR598787 - Decision - 22 Dec 2017

22 Dec 2017

PR598321 - Decision - 04 Dec 2017

4 Dec 2017

PR597094 - Decision - 30 Oct 2017

30 Oct 2017

PR594111 - Decision - 06 Jul 2017

6 Jul 2017

PR594269 - Decision - 05 Jul 2017

5 Jul 2017

PR593651 - Decision - 09 Jun 2017

9 Jun 2017

PR577551 - Decision - 01 Mar 2016

1 Mar 2016

PR573679 - Decision - 16 Nov 2015

16 Nov 2015

MA000028 - Decision - 26 Jun 2015

26 Jun 2015

MA000028 - Decision - 05 Mar 2015

5 Mar 2015

MA000028 - Decision - 12 Nov 2014

12 Nov 2014

MA000028 - Decision - 27 Jun 2014

27 Jun 2014

MA000028 - Decision - 24 Dec 2013

24 Dec 2013

MA000028 - Decision - 17 Dec 2013

17 Dec 2013

MA000028 - Decision - 13 Nov 2013

13 Nov 2013

MA000028 - Decision - 20 Jun 2013

20 Jun 2013

MA000028 - Decision - 18 Jun 2012

18 Jun 2012

MA000028 - Decision - 21 Jun 2011

21 Jun 2011

MA000028 - Decision - 27 Oct 2010

27 Oct 2010

MA000028 - Decision - 29 Jun 2010

29 Jun 2010

MA000028 - Decision - 04 Jun 2010

4 Jun 2010

MA000028 - Decision - 03 Jun 2010

3 Jun 2010

MA000028 - Decision - 23 Dec 2009

23 Dec 2009

MA000028 - Decision - 03 Apr 2009

3 Apr 2009

Histories

(1)

MA000028

1 Dec 2015

Variations

(54)

PR750482 - Variation - 10 Mar 2023

10 Mar 2023

PR750778 - Variation - 10 Mar 2023

10 Mar 2023

PR747346 - Variation - 04 Nov 2022

4 Nov 2022

PR740707 - Variation - 28 Jun 2022

28 Jun 2022

PR740877 - Variation - 28 Jun 2022

28 Jun 2022

PR737899 - Variation - 01 Feb 2022

1 Feb 2022

PR729471 - Variation - 25 Jun 2021

25 Jun 2021

PR729283 - Variation - 25 Jun 2021

25 Jun 2021

PR724230 - Variation - 11 Nov 2020

11 Nov 2020

PR719000 - Variation - 31 Oct 2020

31 Oct 2020

PR722499 - Variation - 07 Oct 2020

7 Oct 2020

PR718845 - Variation - 26 Jun 2020

26 Jun 2020

PR715133 - Variation - 19 Dec 2019

19 Dec 2019

PR712240 - Variation - 20 Sep 2019

20 Sep 2019

PR711628 - Variation - 26 Aug 2019

26 Aug 2019

PR707438 - Variation - 20 Jun 2019

20 Jun 2019

PR707636 - Variation - 20 Jun 2019

20 Jun 2019

PR706970 - Variation - 18 Apr 2019

18 Apr 2019

PR706485 - Variation - 02 Apr 2019

2 Apr 2019

PR704155 - Variation - 04 Feb 2019

4 Feb 2019

PR701424 - Variation - 21 Nov 2018

21 Nov 2018

PR701115 - Variation - 05 Oct 2018

5 Oct 2018

PR700572 - Variation - 02 Oct 2018

2 Oct 2018

PR609345 - Variation - 27 Jul 2018

27 Jul 2018

PR606352 - Variation - 20 Jun 2018

20 Jun 2018

PR606510 - Variation - 20 Jun 2018

20 Jun 2018

PR599008 - Variation - 22 Dec 2017

22 Dec 2017

PR575710 - Variation - 27 Nov 2017

27 Nov 2017

PR592124 - Variation - 21 Jun 2017

21 Jun 2017

PR592288 - Variation - 21 Jun 2017

21 Jun 2017

PR593823 - Variation - 21 Jun 2017

21 Jun 2017

PR583017 - Variation - 29 Jul 2016

29 Jul 2016

PR579534 - Variation - 16 Jun 2016

1 Jul 2016

PR579790 - Variation - 20 Jun 2016

1 Jul 2016

MA000028 - Variation - 16 Oct 2015

16 Oct 2015

MA000028 - Variation - 15 Oct 2015

15 Oct 2015

MA000028 - Variation - 18 Jun 2015

18 Jun 2015

MA000028 - Variation - 19 Jun 2014

19 Jun 2014

MA000028 - Variation - 30 Dec 2013

30 Dec 2013

MA000028 - Variation - 04 Dec 2013

4 Dec 2013

MA000028 - Variation - 01 Jul 2013

1 Jul 2013

MA000028 - Variation - 19 Jun 2013

19 Jun 2013

MA000028 - Variation - 23 Oct 2012

23 Oct 2012

MA000028 - Variation - 19 Jun 2012

19 Jun 2012

MA000028 - Variation - 18 Jun 2012

18 Jun 2012

MA000028 - Variation - 01 Jul 2011

1 Jul 2011

MA000028 - Variation - 20 Jun 2011

20 Jun 2011

MA000028 - Variation - 01 Jan 2011

1 Jan 2011

MA000028 - Variation - 01 Jul 2010

1 Jul 2010

MA000028 - Variation - 21 Jun 2010

21 Jun 2010

MA000028 - Variation - 19 Mar 2010

19 Mar 2010

MA000028 - Variation - 05 Mar 2010

5 Mar 2010

MA000028 - Variation - 01 Jan 2010

1 Jan 2010

MA000028 - Variation - 11 Sep 2009

11 Sep 2009

Related Information

Summaries

(10+)

MAG - MA000028 Horticulture Award

1 Jul 2022

MAG - MA000028 Horticulture Award

1 Jul 2021

MAG - MA000028 Horticulture Award

13 Nov 2020

MAG - MA000028 Horticulture Award

1 Nov 2020

MAG - MA000028 Horticulture Award

1 Jul 2019

MAG - MA000028 Horticulture Award

15 Apr 2019

MAG - MA000028 Horticulture Award

15 Apr 2019

MAG - MA000028 Horticulture Award

1 Jul 2018

MAG - MA000028 Horticulture Award

1 Jul 2017

MAG - MA000028 Horticulture Award

1 Jul 2016

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