Horse and Greyhound Training Award 2020 (HGTA)
Under the Australian national workplace relations system the HGTA generally applies to Employers and Employees as defined below. The HTGA is accessible by members’ via the ATA website and is also printed within the ATA Racing Industry A4 Executive Diary or Booklet. The HGTA often refers to a condition of employment provided for in the NES whereby the NES definition applies.
The horse and greyhound training Industry is defined within the HGTA as the business, calling or occupation in or in connection with the training and preparation of animals for the thoroughbred, trotting, harness and greyhound racing industries and covers the functions of pre-training, grooming, feeding, handling, stabling and exercising of animals, the cleaning, care and maintenance of stables and associated training equipment and the care and leading in of horses at race meetings.
There may be times where it’s considered necessary to redirect an enquiry to a representative from another department to provide more specific details and information. This may be due to privacy reasons or to seek qualified advice depending on the nature of the enquiry.
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 Fair Work system was created by the Fair Work Act 2009 and started on 1 July 2009. The Fair Work system is the name used for the minimum employment laws and agency bodies that were created by the Fair Work Act. It is the national workplace relations system
For a brief outline of Australia's workplace relations law, see please refer below to the Australia's industrial relations timeline.
Key features of the Fair Work system
The key features of the Fair Work system are:
- 10 minimum National Employment Standards
- awards that apply nationally for specific industries and occupations
- the national minimum wage
- protection from unfair dismissal.
Awards, together with the National Employment Standards and the national minimum wage, make up a safety net of entitlements for employees covered by the Fair Work system.
There are 4 bodies that have roles in the Fair Work system:
- Australian Building and Construction Commission
- Fair Work Commission
- Fair Work Ombudsman
- Fair Work Federal Division of the Federal Court and the Federal Circuit Court.
Who is covered by the Fair Work system
The Fair Work system covers most Australian workplaces. Working out who is covered is important because we work with employers and employees covered by the Fair Work system (the national system).
Check who isn't covered in your state or territory by referring to the list below:
Australian Capital Territory and Northern Territory
All employees and employers in the Australian Capital Territory and Northern Territory are covered by the national system.
New South Wales
State public sector and local government employees are not covered by the national system and remain under the state system.
Some state public sector and local government employers have registered agreements in the national system. Employees covered by those registered agreements are within the national system.
South Australia
State public sector and local government employees are not covered by the national system and remain under the state system.
Some state public sector and local government employers have registered agreements in the national system. Employees covered by those registered agreements are within the national system.
Queensland
State public sector and local government employees are not covered by the national system and remain under the state system.
Some state public sector and local government employers have registered agreements in the national system. Employees covered by those registered agreements are within the national system.
Tasmania
State public sector employees remain under the state system.
Local government employees are covered by the national system.
Some state public sector employers in these states have registered agreements in the national system. Employees covered by those registered agreements are within the national system.
Victoria
State government employees working in sectors that provide essential services of core government functions aren’t covered by the national system. These include state infrastructure services such as electricity and gas.
Some state government employers have registered agreements in the national system. Employees covered by those registered agreements are within the national system.
All other employees in Victoria are covered by the national system.
Western Australia
The following types of businesses are not covered by the national system:
- sole traders
- partnerships
- other unincorporated entities
- non-trading corporations.
These types of businesses and their employees are covered by the state system. State public sector and local government employees are also covered by the state system.
Sometimes businesses operating as sole traders, partnerships, other unincorporated entities, non-trading corporations, and state public sector or local government employers have registered agreements in the national system. Employees covered by those agreements are within the national system.
If a business is run by a sole trader in the state system in Western Australia and changes to a company, it will move to the national system.
For more information about different business structures, visit business.gov.au – Sole trader to company.
For more information on who’s covered by the state system, please visit the Department of Mines, Industry, Regulation and Safety: Who is in the WA industrial relations system?
Australia's industrial relations timeline
This timeline outlines a brief history of workplace relations law in Australia.
2017 – Fair Work Amendment (Protecting Vulnerable Workers) Act 2017 and Fair Work Amendment (Corrupting Benefits) Act 2017
- Amendments to the Fair Work Act 2009, which came into force in September 2017, with provisions aimed at protecting vulnerable workers and promoting better governance of registered organisations.
2017 – Registered Organisations Commission established
- The Registered Organisations Commission , the independent regulator of unions and employer associations, established by the Fair Work (Registered Organisations) Act 2009 .
2017 – Australian Building and Construction Commission established
- The Australian Building and Construction Commission started operating, transitioning from Fair Work Building and Construction
2016 – Norfolk Island reform
- Commonwealth laws (including the Fair Work Act 2009) extended to Norfolk Island by the Territories Legislation Amendment Act
2016. Norfolk Island to transition to the Fair Work Act in 3 stages, from 1 July 2016 until 1 July 2018.
2016 - Road Safety Remuneration System repealed
- Road Safety Remuneration Tribunal (including Orders made under the Road Safety Remuneration Act 2012) repealed by Road Safety Remuneration Repeal Act 2016.
2014 – The end of transitional arrangements in modern awards (see Transitional arrangements created to introduce modern awards below)
2013 – Fair Work Commission
- Fair Work Australia renamed the Fair Work Commission on 1 January 2013.
2013 – Fair Work Ombudsman appointed
- Natalie James appointed as the Fair Work Ombudsman on 15 July 2013.
2012 - Road Safety Remuneration System created
- The Road Safety Remuneration Tribunal established by the Road Safety Remuneration Act 2012.
2009 – Fair Work Act 2009
- The Fair Work Act commenced on 1 July 2009
2009 – The Office of the Fair Work Ombudsman
- The Office of the Fair Work Ombudsman created from the former agency, the Workplace Ombudsman.
- Nicholas Wilson appointed as the Fair Work Ombudsman from 1 July 2009 until April 2013.
2009 – Fair Work Building and Construction
- Fair Work Building and Construction formed and replaced the Australian Building and Construction Commission.
2009 – Australian states handed industrial relations powers to the Australian Government
- The majority of the Australian States, with the exception of Western Australia, handed over their industrial relations powers to the Commonwealth Government. Most states kept their industrial relations powers over their own public service and agencies.
2009 – Fair Work Australia
- Fair Work Australia was formed and replaced the Australian Industrial Relations Commission.
2009 – Transitional arrangements for modern awards
- The Australian Industrial Relations Commission added transitional arrangements to the majority of modern awards that would cover most workplaces from 1 January 2010.
- New pay rates, penalties and loadings phased over 4 years until the full modern award rates applied from 1 July 2014.
2016 - Norfolk Island reform
- Commonwealth laws (including the Fair Work Act 2009) extended to Norfolk Island by the Territories Legislation Amendment Act 2016. Norfolk Island to transition to the Fair Work Act in 3 stages, from 1 July 2016 until 1 July 2018.
2016 - Road Safety Remuneration System repealed
- Road Safety Remuneration Tribunal (including Orders made under the Road Safety Remuneration Act 2012) repealed by Road Safety Remuneration Repeal Act 2016.
2014 – The end of transitional arrangements in modern awards (see Transitional arrangements created to introduce modern awards below)
2013 – Fair Work Commission
- Fair Work Australia renamed the Fair Work Commission on 1 January 2013.
2013 – Fair Work Ombudsman appointed
- Natalie James appointed as the Fair Work Ombudsman on 15 July 2013.
2012 - Road Safety Remuneration System created
- The Road Safety Remuneration Tribunal established by the Road Safety Remuneration Act 2012.
2009 – Fair Work Act 2009
- The Fair Work Act commenced on 1 July 2009
2009 – The Office of the Fair Work Ombudsman
- The Office of the Fair Work Ombudsman created from the former agency, the Workplace Ombudsman.
- Nicholas Wilson appointed as the Fair Work Ombudsman from 1 July 2009 until April 2013.
2009 – Australian states handed industrial relations powers to the Australian Government
- The majority of the Australian States, with the exception of Western Australia, handed over their industrial relations powers to the Commonwealth Government. Most states kept their industrial relations powers over their own public service and agencies.
2009 – Fair Work Australia
- Fair Work Australia was formed and replaced the Australian Industrial Relations Commission.
2009 – Transitional arrangements for modern awards
- The Australian Industrial Relations Commission added transitional arrangements to the majority of modern awards that would cover most workplaces from 1 January 2010.
- New pay rates, penalties and loadings phased over 4 years until the full modern award rates applied from 1 July 2014.
2008 – 1996
2008 – Award modernisation
- The Australian Industrial Relations Commission started updating and modernising awards. It replaced 1560 state and federal awards with 122 modern awards. The process was completed by December 2009.
2006 – Workplace Relations Amendment (Work Choices) Act 2005
- The federal industrial relations system expanded.
- Many employers and employees previously covered by state industrial relations systems were covered by the federal system.
1996 – Workplace Relations Act 1996
- Workplace Relations Act started on 25 November 1996.
- Victoria moved into the national workplace relations system.
1995 - 1945
1993 – Industrial Relations Reform Act 1993
- The Industrial Relations Reform Act allowed workplace disputes to be settled by enterprise bargaining between employers and unions in the workplace. If the dispute was not settled, the Australian Industrial Relations Commission could settle it.
1988 – Australian Industrial Relations Commission
- The Australian Conciliation and Arbitration Commission was renamed the Australian Industrial Relations Commission.
1979 – Unpaid maternity leave was introduced
- 12 months of unpaid maternity leave was introduced into federal awards.
1973 – Australian Conciliation and Arbitration Commission
- The Commonwealth Conciliation and Arbitration Commission was renamed the Australian Conciliation and Arbitration Commission.
1972 – Equal pay decision
- The Commonwealth Conciliation and Arbitration Commission’s equal pay decision established the right for equal pay for work of equal value. The separate minimum wage for women was removed and from then on any decisions set the same basic rate for men and women.
1966-68 – Equal pay for aboriginal pastoral workers
- The Commonwealth Conciliation and Arbitration Commission decided that aboriginal pastoral workers were to be paid the same minimum wage as white pastoral workers.
1956 – New Arbitration Commission and Industrial Relations Court
- The High Court ruled the Commonwealth Court of Conciliation and Arbitration was unconstitutional.
- The Commonwealth Court of Conciliation and Arbitration became the Conciliation and Arbitration Commission and was only responsible for making or changing awards. The new and separate court was named the Industrial Relations Court.
WWII – Women’s wages were increased to 75% of men’s basic wage
- Regulations set during World War II increased the female minimum wage to 75% of a male’s wage. This was adopted by the Commonwealth Court of Conciliation and Arbitration as the new standard in 1949-50.
1935 – 1890
1935 – One weeks paid leave introduced into awards
- From 1935 to the 1970’s, paid sick leave and annual leave were gradually introduced into federal awards until 10 days sick leave and 4 weeks annual leave became standard.
1927 – 44 hour standard week
- The standard week was reduced to 40 hours in 1947. The 38 hour working week was introduced in 1983.
1908 – First minimum wage set
- The Commonwealth Court of Conciliation and Arbitration set the first minimum wage.
- The minimum wage was based on the Harvester Case. This landmark decision of 1907 set a basic living wage for workers The basic wage was an amount to allow a man to support a family of 5.
1906 – First entitlement to annual leave
- The federal maritime award gave 10 days paid annual leave.
1907 – First entitlement to sick leave
- Under the Shearers’ Award a worker could only be absent from work if he was unwell.
1904 – Conciliation and Arbitration Act 1904
- Australian industrial relations system begins
- Commonwealth Court of Conciliation and Arbitration created to settle disputes between employees, unions and employers. This is the first body of its kind in the world. When it ruled to settle a dispute, the decision was known as an award.
Information about “The Fair Work system” and “Australia's industrial relations timeline” sourced from the website of the Fair Work Ombudsman September 2017