2012-13 Payrates and Tax Rates – Horse and Greyhound Training Awards

Horse and Greyhound Training Award 2010

NSWTA Summary[1]

1.         Introduction

The NSW Trainers Association (NSWTA) receives a number of enquiries from its members as to the base rates of pay and other working conditions for the various types of employees.  Set out below is a summary of the Horse and Greyhound Training Award (2010) (the Award) that applies to the majority of employees of NSW trainers.

Please note that the Award replaced the previous state-based Award and, under the provisions of the Award, there is a five year transitional period where the new Award rates are phased in.  According to Fair Work Australia and the Fair Work Ombudsman, the following rates apply until 1 July 2013, unless advised otherwise.

2.         Rates of Pay

The table below sets out the wage rates under the Award for Full-Time, Part-Time and Casual staff as at 1 July 2012.

Notes:

• The full-time working week under the Award is 38 hours.  This can be taken either over five full-days or four full-days and two half-days, Monday to Saturday, with the half-days to be taken in the morning.
• Under the Award, Casual staff who are strappers and stablehands receive a 25% loading but no leave entitlements.  For employers that were previously covered by the NSW Strappers and Stablehands Award may be able to avail themselves of transitional provisions in the Award that reduce the casual loading to 22% for the first pay period after 1 July 2011.
• The rates for Foremen, Training Assistants and Trainers is as per the Award.
• A Foreman means someone that is in charge of at least three Stablehands.
• A Trackrider means a person who is engaged to ride trackwork exclusively and may be a jockey.

3.         Junior Staff

Under the Award, there is a discount to the Award rates for junior staff.  The percentages payable are set out in the table below:

4.         Overtime and Penalty Rates

Where the employee is required to work overtime, then the rates to apply are:

• 150% of the standard hourly rate for the first three hours; and
• 200% of the standard hourly rate thereafter.

Under clause 26.3 of the Horse and Greyhound Training Award, where an employee works on a Public Holiday and there has been no agreement with the employee to substitute another day, the employee is to be paid at a rate of 200% of the employee’s minimum wage for all hours worked.

Based on advice received by the NSWTA, the requirement to pay double time extends to casual employees.

Application to Employees previously covered by State-Based Award

Under the previous Strappers and Stablehands Award that applied in NSW, the applicable overtime leading was 250%.  There are transitional provisions in the Modern Award that state that where there is a difference between the new Award and a previous Award, the differences are phased in over time.  This means that the overtime percentage was 240% in the year to 30 June 2011, 230% in the year to 30 June 2012, 220% in the year to 30 June 2013 and 210% in the year to 30 June 2014.  From 1 July 2014, the transitional provisions cease to apply.

5.         Allowances

The following allowances apply to staff in respect of racecourse attendance:

• Every employee who is required to attend a race-meeting must be paid an allowance of $22.88 where the meeting is within 75km of the employee’s place of employment.  Where the meeting is more than 75km from the place of employment, the allowance is $22.88 plus $5.39 for each additional 50km (or part thereof).
• For employees attending a race-meeting, a meal allowance of $10.24 is to apply.
• Trackriders are to be paid an allowance per week to cover riding boots, skullcap and safety vest.

6.         Deductions

Where board/lodging are provided on or adjacent to the employer’s property, a reasonable amount may be deducted from the employee’s salary.  This amount is to be agreed upon between the employer and the employee.

7.         Annual Leave

Annual leave is to be taken within eighteen months of it accruing.  Prior to the start of the period of annual leave to be taken by the employee, the employer must pay the amount that the employee would have earned for the period of the leave plus loading at 17.5%.

8.         Breaks

Employees are to be granted one fifteen minute break during the morning period of work.  This break is to be counted as time worked.

Where an employee is required to work more than six hours, one thirty minute meal break is to be provided.  This break is unpaid.

9.         Casual Employees

Casual employees must be engaged for a minimum daily period of three hours and not more than once each day.

NSW Trainers Association

June 2012