Wage Rates - HGTA 2010
The ATA notifies Members of changes to the wage rates and provides exclusive website access to download related information.
Employee Wage Rates under the HGTA provide for various aspects of Employment:
- Junior employees (Aged 15-20 Years)
- Adult employees (Aged 21 Years+)
- Fulltime Rates of pay
- Part time rates of pay
- Overtime rates of pay
- Casual Rates of pay
- Classification of employee
The employee wage rates need to be applied in accordance with the HGTA. The award and/or wage rates may be varied at times; for example resulting from negotiation between the parties to the award or Wage Case or Standard Federal Minimum Wage review.
Each year, the Fair Work Commission reviews the national minimum wage and pay rates under awards. Any changes that are made begin on the first full pay period on or after 1 July.
Employees: Full-time – Part-time - Casuals
Important: In terms of employees employed under the HGTA, the following information about types of employees should be read in conjunction with the provisions of the HGTA and the National Employment Standards and any other agreement that may also apply to the employee(s) at the workplace.
A full-time employee has ongoing employment and works, on average, around 38 hours each week. The actual hours of work for an employee in a particular job or industry are agreed between the employer and the employee and/or set by an award or registered agreement.
When the employer and the employee agree to change
An employee and an employer may agree to end an employee’s full-time position and change to part-time or casual employment.
When changing from full-time or part-time to casual the usual rules for ending employment apply, including:
- giving or paying the employee the required notice
- paying out leave and any other entitlements owed.
When the employee doesn’t agree to change
An employer may be able to change an employee’s full-time employment to part-time or casual employment without agreement from the employee.
Important factors to consider are:
- Does the employment contract, registered agreement or award let the employer change the employee’s work hours without the employee agreeing?
- Does the change make a new employment contract or change an existing contract?
- What entitlements, such as annual leave or redundancy, need to be paid out?
- How much notice does the employer need to give the employee?
An employer can’t change or end an employee’s employment:
- for a discriminatory reason
- because the employee has exercised a workplace right
- for another reason protected by law.
A part-time employee:
- works, on average, less than 38 hours per week
- usually works regular hours each week
- is entitled to the same benefits as a full-time employee, but on a pro rata basis
- is a permanent employee or on a fixed-term contract.
How part-time is different to full-time or casual
Full-time employees work longer hours. On average, they work 38 hours per week.
Casual employees usually work irregular hours but they don’t get paid sick leave or annual leave.
What part-time employees get
Part-time employees get the same minimum entitlements (such as sick leave and holiday leave) as a full-time employee, based on how many hours they work each week.
Part-time hours of work agreements
Many awards, enterprise agreements and other registered agreements have record-keeping arrangements for part-time employees about their hours of work.
A casual employee:
- has no guaranteed hours of work
- usually works irregular hours (but can work regular hours)
- doesn't get paid sick or annual leave
- can end employment without notice, unless notice is required by a registered agreement, award or employment contract.
How is casual different to full-time or part-time?
Full-time and part-time employees have ongoing employment (or a fixed-term contract) and can expect to work regular hours each week.
They are entitled to paid sick leave and annual leave.
Full-time and part-time employees must give or receive notice to end the employment.
What do casual employees get?
Casual employees are entitled to:
- a higher hourly pay rate than equivalent full-time or part-time employees. This is called a 'casual loading' and is paid because they don't get benefits such as sick or annual leave
- 2 days unpaid carer's leave and 2 days unpaid compassionate leave per occasion
- unpaid community service leave.
Long term casual employees
Some casual employees work regular hours or the same days each week for a long period and become 'long term casuals'.
Long term casuals stay as casual employees unless they formally change to full-time or part-time employment. They don't automatically become permanent employees, even if they are called 'permanent casual'. They get their casual entitlements regardless of how regularly they work or how long they work for.
After 12 months of regular employment, and if it’s likely the regular employment will continue, a casual employee can:
- request flexible working arrangements
- take parental leave.
They don't get paid leave or notice of termination, even if they work regularly for a long time.
Changing to full-time or part-time employment
A casual employee can change to full-time or part-time employment at any time if the employer and employee both agree to it.
Some enterprise agreements, other registered agreements and awards have a process for changing casual employees to full-time or part-time.
Employers can put their employees on a probation period (also known as a probationary period) to assess if employees are suitable for the role and business.
The employer decides on the length of the probation period. It can range from a few weeks to a few months at the start of employment.
Employee entitlements on probation
Probation periods aren’t a separate period of employment.
While on probation, employees continue to receive the same entitlements as someone who isn’t in a probation period.
If hired on a full-time or part-time basis, an employee on probation is entitled to accrue and access their paid leave entitlements such as annual leave and sick leave.
If an employee doesn’t pass their probation, they are still entitled to receive notice when employment ends and have their unused accumulated annual leave hours paid out.
It is important to note that any failure to observe and comply with employee conditions may in some circumstances result in costly fines or prosecution. Aside from penalties such occurrences generally impact on businesses that consume valuable time dealing with a claim and other disruptions to the workplace resulting from suffered morale and confidence.
The information provided above is of a general nature based upon a range of similar enquires received from Members of the Australian Trainers’ Association (ATA) or related matters involving the Horse and Greyhound Training Award 2010 (HGTA). Therefore, the information may not take into consideration pertinent facts or details that may influence any course of action, and does not constitute the giving of advice including without limitation, legal or qualified advice.