Based on what you've told us, it looks like you're covered by the Horticulture Award 2010 [MA000028].
An employee can enter into a written agreement to be paid pieceworker rates under the Horticulture Award. This agreement has to be genuinely made without coercion or duress.
A pieceworker under the Horticulture Award isn't guaranteed a minimum hourly or weekly rate that applies to the type of work they do, or the national minimum wage.
The piecework rate has to allow the average competent employee to earn at least 15% more per hour than the relevant minimum hourly rate in the award (inclusive of the casual loading for casual employees).
There are many factors that affect what an average competent employee is. There's no standard across the horticulture industry.
Factors that should be considered in a piecework agreement include the:
- crop involved
- plants involved
- particular harvest
- picking requirements
- size and sophistication of the business
- packing shed
- harvesting or pick data.
Use our interactive piecework agreement template to make a piecework agreement under the Horticulture Award.
An employee can’t be paid by commission only under the Horticulture Award.
For hourly pay rates in this award, check Minimum wages.
To find out more about who this award applies to, go to the Horticulture Award summary.
Source reference: Horticulture Award 2010 [MA000028] clause 15