Are you an employer in the dairy, sheep, beef or cropping industry?

Following Pastoral Award classifications can be confusing. Common problems employers face include:

• Knowing what classification your employee is, and therefore what the applicable minimum pay rate is.
• Determining whether your employee is casual or part time, and therefore how much they should be paid.
• Ensuring that all staff receive at least three hours pay for any shift, regardless of whether they are casual or part time.
• Paying an hourly flat rate for all hours without having an Individual Flexibility Agreement (IFA) can cause trouble.
• Knowing if your IFA satisfies the BOOT (Better-off-overall-test).
• Any hours your employee works that are over 38 hours per week average entitles them to receive overtime unless you have an IFA.
• A farm worker who is paid as an independent contractor will be entitled to receive the minimum entitlements of the Pastoral Award, in most cases.
• Knowing when you can sack an employee and what the possible repercussions might be.

The Pastoral Award can be found at http://www.fwa.gov.au/documents/modern_awards/pdf/MA000035.pdf

Only clauses 1 to 32 of the Pastoral Award are relevant to the dairy, sheep, beef or cropping industry. Classifications are found in clause 27. Pay rates are found in clause 28.

Maddens Lawyers is in a unique position to understand, appreciate and foresee issues, needs and opportunities relative to farming and agribusiness clients.

For more information or to speak to one of our experienced Farming & Agribusiness lawyers, call 03 5560 2000 or request a call back.