OVERTIME PAYMENTS AND PENALTY RATES
All work performed in excess of or outside the ordinary hours prescribed by the award (clause 20 – Ordinary hours of work and rostering), of the Horse & Greyhound Training Award 2010 (HGTA) must be paid 150% of the relevant minimum wage calculated hourly for the first three hours and 200% for the rest of the overtime.
An employee required to work on a Sunday must be paid for all such work at 200% of the relevant minimum wage per hour for a minimum of three hours.
Q & A
If I pay an employee at an hourly rate above the minimum prescribed award rate am I obliged to pay overtime hours and Sunday hours work at the over award rate?
No. You are only obliged to pay overtime and penalty rates based on the relevant minimum wage rate.
An employer elects to pay an employee classified as a Grade 2 Stablehand or Trackrider (fulltime or partime) at a rate of $20 per hour which is above the minimum prescribed by the HGTA of $17.05 per hour as at 1 July 2012. In this example let’s say the employee works on a Sunday for 3 hours. The employers Sunday payment obligation is a minimum of 3 hours at 200% of the relevant minimum wage. Therefore, under this example the minimum requirement of the employer would be to pay 3 hours @ $34.10 per hour.
PUBLIC HOLIDAYS (AUSTRALIA DAY)
Please note that the Public Holiday for Australia Day is observed on Monday 28th January 2013 (being substituted for Saturday 26th January.
Casual employees are not entitled to public holidays entitlements
All worked performed by a casual employee on a public holiday is at their normal casual rate.
Fulltime/Part time Employees
Fulltime and part time employees performing work on a public holiday may by agreement substitute another day for a public holiday. Where there is no agreement the employer may substitute another day but not so as to give an employee less time off work than the employee would have had if the employee had received the public holiday.
If an employee works on a public holiday, and another day has not been substituted pursuant to the above, the employee will be paid at 200% of the employee’s minimum wageper hour for all hours worked.