Guidance Note – Federal Awards under WorkChoices and Fair Work 

Given the changes implemented as a result of the Work Choices legislation (WorkChoices) which continues to apply until the Fair Work legislation (Fair Work) comes into operation, caution needs to be exercised in respect of the applicability of federal awards. The Work Choices legislation came into full operation on 27 March 2006. It still applies until the Fair Work Act 2009 comes into full operation on 1 January 2010

There are two different types of federal awards which continue to apply until 1 January 2010:

•  Preserved awards - federal awards created before the Work Choices legislation came into operation and covering employers that are constitutional corporations (companies); and
  
• Transitional awards - federal awards created before the Work Choices legislation came into operation and covering employers that are not companies. Transitional Awards do not apply in the ACT and Northern Territory; employers in those territories are covered by pre-reform awards.

Members please read the Important Notice first for more information.

Index

1.         AWARD TITLE
This award shall be referred to as the Horse Training Industry Award 1998.

2.         ARRANGEMENT
This award is arranged as follows:

Part 1 – Application and operation of award
1.         Award title
2.         Arrangement
3.         Anti-discrimination
4.         Definitions
5.         Commencement date of award and period of operation
6.         Coverage of award
7.         Parties bound

Part 2 – Award flexibility
8.         Enterprise flexibility

Part 3 – Consultation and dispute resolution
9.         Settlement of disputes

Part 4 – Employer and employees’ duties, employment relationship and related arrangements
10.       Employment categories
10.3     Probationary employees
10.4     Part-time employees
10.5     Casual employment
11.       Redundancy
12.       Notice of termination

 Part 5 – Wages and related matters
13.       Wage rates
13.1     Adult employees
13.2     Junior employees
13.3     Supported wage system
13.4     Relationship To The National Training Wage Award 2000
13.5     School Based Apprentices
14.       Payment of wages
15.       Posting of award
16.       Allowances
16.1     Racecourse attendance allowance
16.2     Transport allowance
16.3     Meal allowances
16.4     Travel allowance
16.5     Protective clothing and footwear
16.6     Dust coats
16.7     Boots, Cap and Vest Allowance
16.8     Make-up pay and workers compensation
17.       Occupational superannuation

Part 6 – Hours of work, breaks, overtime, shift work, weekend work
18.       Hours of work
19.       Overtime

Part 7 – Leave of absence and public holidays
20.       Annual leave
21.       Personal leave
22.       Parental leave
23.       Public holidays