Which industries are covered by the Horticulture Award 2010?
The Horticulture Award 2010 covers employers and employees throughout Australia in the horticulture industry, as summarised below:
- agricultural holdings, flower or vegetable market gardens in connection with the sowing, planting, raising, cultivation, harvesting, picking, packing, storing, grading, forwarding or treating of horticultural crops, including fruit and vegetables upon farms, orchards and/or plantations; or
- preparation or treatment of land (including clearing, fencing, trenching or draining) for the sowing, raising, harvesting or treating of horticultural* crops, including fruit and vegetables.
The Horticulture award also 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 (subject to the exclusions from coverage in this award).
- 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 (subject to the exclusions from coverage in this award).
Important! 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.
Which industries are not covered by the Horticulture Award 2010?
The award does not cover:
- the wine industry
- silviculture and afforestation
- sugar farming or sugar cane growing, sugar milling, sugar refining, sugar distilleries and/or sugar terminals
- 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
- plant nurseries, or
- a broadacre mixed farming enterprise as defined in the Pastoral Award 2010.
Are there any other exceptions to coverage?
The award does not cover:
- an employee excluded from award coverage by the Fair Work Act 2009
- employee’s 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.
- 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.
Where an employer is covered by more than one award, their employees are covered by the award classification which is most appropriate to the work they perform and the environment in which they work.
Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by another award with occupational coverage.