Employee entitlements in the wine industry

Image of grapes on vines

Learn more about what you should get if you’re covered by the Wine Award.

Checking pay and conditions

Tip: Check your pay and conditions

It's a good idea to check what you're getting for your work.

Follow the steps on this page to confirm what your minimum entitlements should be.

If you're not getting the right pay and conditions, you should raise this with your employer.

If you think your pay might be wrong and want to know what to do next, visit My pay doesn’t seem right.

To confirm if you're getting the right pay and conditions, check if you:

  • are covered under the Wine Award
  • are in the right stream, based on your work
  • are at the right classification level
  • should be considered a shiftworker or day worker, based on your hours of work
  • are entitled to any allowances.

If you're covered by a different award, different rules about pay and conditions will apply.

You can check you award and calculate your minimum pay using our Pay and Conditions Tool.

Visa holders and migrant workers

Visa holders and migrant workers have the same workplace rights and protections as all other employees working in Australia.

We have dedicated information for employees that are on a visa or have migrated to Australia.

Learn more on at Visa holders and migrants.

If you’re a migrant worker in breach of your visa conditions, you can still ask for our help to receive your minimum entitlements.

Wine Award coverage

The Wine Award applies to employers in the wine industry and their employees.

The wine industry is:

  • the preparation of land for growing and cultivating wine grape vines
  • processing of wine grapes
  • packaging and, storing and dispatching of wine.

The Wine Award also covers other activities associated with a winery or wine distillery, including:

  • cellar door sales
  • laboratory activities
  • making or repairing barrels, vats, and casks.

The Wine Award doesn’t cover:

  • wine retail stores not linked with a winery
  • employees who work at a restaurant located at a winery
  • bus/van drivers and tour guides employed by wine tour businesses.

These employees are covered by different awards.

For detailed definitions and a copy of the award, visit Wine Award summary.

Tip: Labour hire employees working in the wine industry

Employees can be engaged by a labour hire company to perform work for a different business.

The labour hire company will be their actual employer and is responsible for paying them. The business they are working in will be their host employer.

Employees paid by a labour hire employer can do the same work as employees working directly for the host employer.

They will be covered by the award that applies to their host employer.

It’s important to know who is responsible for paying your wages in case any issues come up.

For more information, visit Labour hire and supply chains.

Classification levels

Under the Wine Award, employees are grouped into streams of work based on the tasks they perform.

An employee’s stream may be relevant for other entitlements, including hours of work and allowances.

Within each stream, employees will be classified into levels based on their skills and experience.

An employee’s minimum pay rate will be set by their level, not their stream.

The streams in the Wine Award are:

  • bottling
  • cellar
  • cellar door sales
  • laboratory
  • vineyard
  • warehouse and supply
  • coopers.

For detailed descriptions of the streams and levels, read Schedule A of the Wine Award.

Tip: Classification levels in the workplace

Employers should know what each classification level looks like in their workplace.

Being clear about different levels in the workplace makes it easier for everyone to know they're getting paid correctly.

For more information, read our page on Award classifications.

Seasonal work

Employees working in the wine industry may be engaged on a seasonal basis. This means they are engaged for fixed term or task.

Fixed term employees are entitled to the same pay and conditions as permanent employees for the period they are employed. They generally don’t receive notice of termination or redundancy if their employment is terminated at the end of the contracted period.

For more information, read out page on Fixed term contract employees.

Employee engaged for a seasonal job

Glenn is a qualified grape pruner working in the wine industry. They are engaged by their employer to prune and trim vines following the end of the picking season.

Glenn’s employer engages them to complete this task which is estimated to take a month.

After Glenn completes the work at the end of the month their employment ends.

Glenn doesn't get notice of termination. They are paid out their outstanding entitlements including accrued annual leave.

Hours of work

Full-time employees can work a maximum of 38 hours a week on average. Any more than 38 hours is considered overtime.

The maximum daily ordinary hours is 10 hours. The employer and majority of employees in the workplace can agree to extend to up to 12 hours per day.

Casuals

Casual employees must be engaged for a minimum of 4 hours per shift. If they finish early they must still be paid for 4 hours work. Casual pruning and harvesting employees may be paid for a minimum of 2 hours if they’re impacted by unexpected weather during their shift.

Pieceworkers

If an employee is a pieceworker, the rules about ordinary hours of work don’t apply to them. Read more at Piece rates.

When hours are worked

The rules about when the ordinary hours should be worked depends on:

  • the employee’s stream
  • if the employee is a day worker or a shiftworker.

Ordinary hours are worked for day workers:

  • working in the vineyard, between 5 am and 6 pm, Monday to Saturday, during the period of the vintage
  • in cellar door sales, between 6 am and 6 pm, Monday to Friday, as well as 8 am to 6 pm, Saturday and Sunday
  • not in cellar door sales or working in the vineyard, between 6 am and 6 pm, Monday to Friday.

The vintage is a period of time:

  • no longer than 6 months
  • starting on the date when the harvest of wine grapes begins at a particular vineyard
  • ends on the date the last wine grapes are harvested at that vineyard
  • between November and June each year.

Shiftwork

There are specific rules for employees doing work on afternoon or night shifts. While working these shifts, employees are called shiftworkers.

A shiftworker can be rostered to work the following shifts:

  • afternoon shift - finishing between 6 pm and midnight, or
  • night shift - finishing between midnight and 8 am.

Employees working afternoon or night shifts must be paid 115% of the minimum hourly rate.

An employee on permanent night shift must be paid 130% of the minimum hourly rate. Permanent night shift means working:

  • only on night shift
  • for a longer period than 4 consecutive weeks
  • on a night shift which doesn’t rotate or alternate so as to give the employee at least one third of their working time off night shift in each cycle.

Penalty rates

Employees can receive higher minimum rates of pay when working certain hours.

Penalty rates for shiftworkers replace their normal shiftworker rate.

Time when hours are workedDay workers
(% of minimum hourly rate)
Shiftworkers
(% of minimum hourly rate)
Saturday125%150%
Sunday200%200%
Public holiday250% and a minimum of 4 hours work250%

Breaks

Day workers

Day workers must get an unpaid meal break of between 30 and 60 minutes no later than 5 hours after the start of work.

Shiftworkers

Shiftworkers must get an unpaid meal break of 30 minutes no later than 4.5 hours after the start of work.

Shiftworkers can agree to work up to 6 hours without the paid meal break if the employee is:

  • a casual employee, or a part-time employee engaged to work no more than 6 hours in any one shift, or
  • working their ordinary hours on the basis of a short day each week.

Paid rest breaks

In addition to meal breaks, all employees must be given a paid rest break of 10 minutes on each day or shift.

When breaks aren’t given

If an employee isn’t given their appropriate meal break, or overtime meal break, they must be paid 150% of the relevant rate of pay from the point the meal break should have started until the meal break is given.

Piece rates

Under the Wine Award employees can agree with their employer to be paid a piece rate instead of a minimum hourly rate of pay.

A piece rate is where an employee gets paid by the piece. The rate is based on the amount the employee, also called pieceworker, has picked, packed, pruned or made.

An employer and an employee may enter into a signed written agreement for the employee to be paid a piecework rate. This applies to full-time, part-time and casual employees.

The agreed piecework rate has to allow an employee of average capacity to earn at least 20% more per hour than the relevant minimum hourly rate in the award.

There has to be a separate piecework agreement for each employee on a piecework rate. A piecework rate is based on individual effort only, not group effort. An employer has to be able to determine each individual employee’s output.

For more information on how to use piece rates, including templates for piecework agreement, visit How to use piecework agreements - Wine Award.

Overtime

Any work done outside of ordinary hours is overtime.

Time when overtime is workedFull-time and part-time employees
(% of minimum hourly rate)
Casual employees
(% of minimum hourly rate)
Monday to Saturday, first 2 hours150%150%
Monday to Saturday, after 2 hours200%200%
Sunday200%225%
Public holiday250% and a minimum of 4 hours work275% and a minimum of 4 hours work

There are also rules about:

  • time off in lieu (TOIL) of overtime
  • returning to work for overtime
  • minimum time off after overtime.

For information about these rules, read the Award or use our Pay and Conditions Tool.

Allowances

Allowances are additional payments made to an employee as a separate amount.

An employee can receive an allowance to cover expenses, or to compensate for performing a specific task.

The Wine Award includes allowances for:

  • travel
  • meals
  • tools
  • first aid duties
  • specific tasks

For general information on allowances and how they are paid, go to Allowances.

Calculating allowances using the Pay and Conditions Tool (PACT)

You can easily calculate the allowances you may be entitled to using our Pay and Conditions Tool.

Select the allowances that may apply and they will be added to your minimum rate of pay so you can see what you should be getting paid for each hour worked.

Getting help

If you’re not getting the right pay and conditions, you can ask for our help. We can give general advice and information based on your situation if you call us.

If you don’t want to give us your information, you can make an Anonymous report.

Other organisations can help with different issues.

If you have a health and safety concern in your workplace, you can contact the relevant organisation in your state. For more information visit Workplace health and safety.

Unions can help represent you in the workplace and provide advice on work issues. To find your union, visit How to find a registered organisation.

Community legal centres may also help with your workplace issue. For more information, visit Legal help.

Source reference for page: Wine Industry Award [MA000090] clauses 4, 9–11, 13–14, 19, 22–23.

Tools and resources

Related information