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

Following the classifications under the Pastoral Award 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.

For more information contact our Employment Lawyer, Jane Blackburn, Senior Lawyer on 03 5560 2000 or jxb@maddenslawyers.com.au

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