On 2 April 2019, the Fair Work Commission handed down a decision to change the Horticulture Award. The decision changed the Horticulture Award for casual employees to include ordinary hours of work, a night loading and overtime entitlements. It also clarified the penalty rate for working on public holidays for casuals. The changes apply from the first full pay period on or after 15 April 2019.
Our Pay Calculator has been updated and can be used to calculate the overtime, night loading and public holiday penalty rates. To do this you need to select 'Show me pay rates as at 15 April 2019'.
The Horticulture Award has been updated to include the changes.
For information on how to apply the new rates, you can read our article Overtime & penalty rates for casuals in the Horticulture Award.
Our tailored information on Hours of work, When overtime applies and Working on a public holiday has also been updated.
Visit our Changes to the Horticulture Award page for more information
Based on what you've told us, it looks like you're covered by the Horticulture Award 2010 [MA000028].
Maximum number hours
Full-time and part-time employees
The maximum number of ordinary hours full-time and part-time employees can work is:
- 8 hours per day
- 152 hours over 4 weeks (an average of 38 hours per week).
Check clause 22.1(c) of the Horticulture Award for information on how to change the maximum ordinary hours per day.
The maximum number of ordinary hours casual employees can work is:
- 12 hours per day or engagement
- 304 hours in an 8 week period.
Averaging weekly hours
An employer and full-time and part-time employees can average the employee’s hours over more than a week.
This means the employee may work more than 38 hours one week, but less in another.
Casual employees can work up to 304 ordinary hours over an 8 week period.
Options for averaging weekly hours
The table below shows the options for averaging 38 hours per week.
||2 weeks in a row
||3 weeks in a row
||4 weeks in a row
Example: Averaging 152 hours over 4 weeks
Cindy works full-time and averages her 38 hours a week by working 152 hours over 4 weeks.
She works 42 hours the first week, 34 hours the second week, 45 hours in the third week and 31 hours in the fourth week. 42 + 34 + 45 + 31 = 152 hours.
This means that over 4 weeks she has worked an average of 38 hours per week.
Spread of hours
For full-time and part-time employees (other than shiftworkers) the ordinary hours in the Horticulture Award can be worked during 6am - 6pm on Monday to Friday.
Ordinary hours of work for casual employees can be worked at any time but from 15 April 2019, casuals are entitled a 15% night loading for work between 8.31pm and 4.59am. To calculate the night loading, use our Pay Calculator.
Ordinary hours for shiftworkers can be worked anytime on Monday to Friday.
Changing the spread of hours
Full-time and part-time employees (other than shiftworkers)
An employer and the majority of full-time and part-time employees can agree to change:
- the daily spread of hours
- the days ordinary hours can be worked to include Saturdays
- the maximum number of ordinary hours to be worked in a day.
During daylight saving time, employers and the majority of their affected casual employees in the Northern Territory, Queensland and Western Australia can agree to shift the daily spread of hours forward by one hour. When this occurs the 15% night loading applies between 7.31pm and 3:59am (instead of 8.31pm – 4:59 am).
Each time a casual employee works, they need to be given at least 2 hours of work in a row.
If they aren’t given these hours, they still have to be paid a minimum of 2 hours.
To find out more about who this award applies to, go to the Horticulture Award summary.
Source reference: Horticulture Award 2010 [MA000028] clauses 22 and 10.4