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 2014, 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 2013.
|Employee Type||Full-Time/Part-Time (per hour)||Casual (per hour)|
|Stablehand Grade 1
(After 3 months continuous service)
|Stablehand Grade 2
(At least 2 years experience in the industry)
- 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.
The award also provides for “flexibility” where conditions may be amended by agreement provided the employee is no worse off;
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:
|15 – Under 16||55%|
|16 – Under 17||60%|
|17 – Under 18||65%|
|18 – Under 19||70%|
|19 – Under 20||80%|
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.
From 1 July 2013 to 30 June 2014, a casual employee who is covered by the Horse and Greyhound Training Award (“the Modern Award”) and who works on a public holiday may be entitled to be paid the employee’s minimum wage per hour under the Modern Award, plus a loading for all hours worked.
This will generally be the case where a public holiday loading was previously payable under the Award or instrument which applied to the casual employee immediately before the Modern Award came into effect. For example, if a casual employee in NSW would previously have been covered by the Strappers and Stable Hands (State) Award, they will currently be entitled to the employee’s minimum wage per hour under the Modern Award, plus a loading of 50% for all hours worked on the public holiday.
Conversely, no public holiday loading will be payable to a casual employee under the Modern Award where a public holiday loading was not previously payable under the Award or instrument which applied to the casual employee immediately before the Modern Award came into effect. For example, if a casual employee would previously have been covered by the federal Horse Training Industry Award, they will not be entitled to a public holiday loading.
From 1 July 2014, no public holiday loading will be payable under the Modern Award, regardless of the terms of the previously applicable Award or instrument.
If you are unsure about whether you are covered by the Modern Award and/or whether the above applies to you, it is important that you obtain independent advice about the conditions of your employment.
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.
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 $23.13 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 $23.13 plus $5.45 for each additional 50km (or part thereof).
- For employees attending a race-meeting, a meal allowance of $10.57 is to apply.
- Trackriders are to be paid an allowance per week to cover riding boots, skullcap and safety vest.
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%.
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
1 This summary has been prepared by the NSW Trainers Association Limited (NSWTA). The NSWTA does not provide legal advice and the information contained in this summary is for general use only. The NSWTA recommends that independent legal advice be obtained on any specific issues regarding you and your employees.