Following on from the audit program conducted by the Fair Work Ombudsman (FWO) into the Horse Racing Industry in 2013, the need to ensure that pay slips issued to employees comply with the Fair Work Act 2009 (the Act), the Fair Work Regulations 2009 (the Regulations) and the Horse and Greyhound Training Award 2010 (the Award) was highlighted.
Section 535 of the Act requires that time and wages must be kept for seven years and they must have prescribed information.
Regulation 3.33 (3) require that records must contain details of allowances paid and separately identifiable entitlements.
Racecourse Attendance Allowance must be identified in accordance with the Award provisions to comply with the Regulation 3.33 (3) and they must be separately identifiable.
RACECOURSE ATTENDANCE ALLOWANCE, MEAL ALLOWANCE AND HOURS WORKED ON COURSE
The consolidation of several entitlements payable to an employee for a racecourse attendance under one allowance paid is a practice that is contrary to requirements under the Regulations.
Allowances under the Horse & Greyhound Training Award 2010 are provided under clause 14;
14.1 Racecourse attendance allowance
Every employee who is required to attend a race meeting must be paid a racecourse attendance allowance calculated as follows:
(a) Where the racecourse is situated within 75 kilometres of the employee’s place of employment $23.70;
(b) Where the racecourse is more than 75 kilometres from the employee’s place of employment, the allowance in clause 14.1 (a) plus $5.58 for each additional 50 kilometres or part thereof that the racecourse is situated from the place of employment.
14.3 Meal allowances
(a) When required to attend a race meeting an employee must be paid an allowance of $10.77 for each meal unless the employer supplies the meal.
For information required to be on pay slips click here.
(Source of information: Fair Work Ombudsman)
If you have any questions please feel free to email me.
As always this information is a guide to assist trainers and you should always seek your own advice if required.