The Australian Trainers’ Association (ATA) is aware of information circulated concerning Apprentice Jockeys and the federal Horse & Greyhound Training Award 2010 (Award) which may be misleading and excludes important relevant points for Masters of Apprentices.
In light of this, the ATA feels obligated to write to you to ensure that you are provided with the correct information and facts that is under the direction of the Fair Work Commission (FWC).
Contrary to incorrect information circulated, the ATA has not made application to vary the Award to include Apprentice Jockeys. In fact, simply stated, it is the view of the Fair Work Ombudsman that Apprentice Jockeys are currently covered under the Award. Furthermore, in the absence of any Apprentice rates of pay in the Award an Apprentice would be entitled to adult classification rates of pay in the Award for Stablehand and/or Track Rider duties performed. Please refer to the following subsequent extract from a statement made by Commissioner Roe from the FWC.
“The Australian Trainers Association have received advice from the Fair Work Ombudsman that an employer who operates in the horse and greyhound training industry as defined in Clause 3.1 of the Award and who employs an apprentice who undertakes duties consistent with those described for a track rider in the Award would be covered by the Award. The Fair Work Ombudsman advised that in the absence of any apprentice rates of pay in the Award an apprentice so employed would be entitled to the adult classification rate in the Award. The Award specifies that junior rates only apply to unapprenticed juniors. The Fair Work Ombudsman further advised that the operation of Clause 4.3(a) of the Miscellaneous Award excludes employees employed in the horse and greyhound training industry from coverage under the Miscellaneous Award.”
The ATA has identified the financial burden or possible consequences that Trainers may be faced with if this advice was ignored or not raised as part of the FWC review of Modern Awards.
Simply, with these facts in mind the ATA was obligated to make application to vary the Award in order to only include minimum rates of pay for Apprentice Jockeys covered by the Award.