The Horticulture Industry Award 2010 and New NES
The new Horticulture Industry Award 2010 (HIA 2010) came into force on 1 January 2010. It is accompanied by the introduction of new National Employment Standards (NES). The NES set minimum conditions that effect the entitlements of employees.
The new pay rates in the Horticulture Award 2010 take place from 1 July 2010. Although these awards are seen to provide a safety net that cannot be changed to the disadvantage of an employee, employers can provide more benefits to those minimum conditions.
NES entitlements
NES entitlements include maximum weekly hours of work at 38 hours per week, plus reasonable additional hours; requests for flexible working arrangements; parental leave and related entitlements; annual leave of four weeks paid leave per year, plus an additional week for certain shift workers; personal/carer's leave and compassionate leave; community service leave: unpaid leave for voluntary emergency activities (available to all employees) and leave for jury service; long service leave; public holidays: a paid day off on a public holiday; notice of termination and redundancy pay; and provision of a Fair Work Information Statement.
A Fair Work Information Statement
Employers must provide this statement to all new employees. It contains information about the NES, modern awards, agreement-making, the right to freedom of association, termination of employment, individual flexibility arrangements, rights of entry, transfer of business, and the respective roles of Fair Work Australia and the Fair Work Ombudsman. Translated versions of the Fair Work Information Statement in 26 different languages can be downloaded from www.fairwork.gov.au/fwis
Education Campaign
As employers, contractors and harvesters try to come to grip with the new provisions, an educational campaign is being launched across the country to increase understanding of employers rights and obligations and to reduce growing confusion.
Beginning in February 2010, the Fair Work Australia (FWO) Ombudsman, in conjunction with the Australian Workers Union, the Australian Industry Group, Horticulture Australia Council and the National Farmer’s Federation, instigated an Australia-wide, comprehensive education program involving a wide-spread mail-out, regional seminars and seminars for incoming and prospective workers in the industry.
According to ABC online, the Department of Immigration and Citizenship says it supports a national campaign to educate the horticulture industry about its obligations to employees, and that it is vital that the industry complies with immigration requirements in its employment practices. Visa holders make up a significant portion of harvesters and therefore immigration law needs to be considered alongside the new employment requirements.
Customers of Centrelink are also being reminded that they must report their cash income collected during the harvest season.
Audits
To date, Fair Work Australia has sent 15,000 letters highlighting the new system to growers across the country; and plans 1000 random audits in May and June. Fair Work Australia inspectors from each of FWO's state and regional offices will select a cross-section of employers in the horticulture industry and check for compliance with Commonwealth Workplace legislation.
Response to New Awards
Responses to the new award have been varied and, in some cases, adversarial. Riverina Citrus has raised concern the crackdown will not work unless contract labour suppliers and mobile contractors are targeted. Riverina Citrus executive officer Scott McDonald says members have no problem complying, but "It is a phenomenon for our industry that more and more we're relying on contractors to do the harvest work."
Some organisations complained about the restricted amount of time given to growers to understand and implement the new award. Growcom Industrial Relations Manager, Donna Mogg, said the HIA 2010 imposes a range of new provisions and additional costs on Queensland growers. Growcom will be working hard to ensure that all employers and employees understand what the changes mean. Growcom will be running an extended series of Workplace Essentials Seminars around Queensland throughout March.
