Employer Information > Frequently Asked Questions

 

Disclaimer Notice 
The information provided below is of a general nature based upon a range of similar enquires received from Members of the Australian Trainers’ Association (ATA) or related matters involving the Horse and Greyhound Training Award 2010 (HGTA). Therefore the information may not take into consideration pertinent facts or details that may influence any course of action, and does not constitute the giving of advice including without limitation, legal or qualified advice.

ATA Members’ may contact the ATA Head Office for further assistance if required.  The Disclaimer Notice is to be read in addition to Terms of Use for the ATA Website.


FREQUENTLY ASKED QUESTIONS

National Training Wage 
Paid Parental Leave
Casual Or Part / Full Time

Employing Trackwork Riders   


NATIONAL TRAINING WAGE

Several recent Member enquiries have centered on wages that apply to stablehands that undertake a traineeship.

The National Training Wage is included within the Horse & Greyhound Training Award 2010 (Award).  Members have access to a printed copy of the Award that is included within the ATA Members Racing Industry Diary under the HGTA tabbed section.  Alternatively, Members with a login and password may download the information from our website address www.austrainers.com.au

ATA Members are welcome to contact our Industrial Relations Manager for more information about Traineeships.

The following is a summary of important requirements for Employers when applying the National Training Wage.

A Trainee is an employee undertaking a traineeship under a training contract.

Traineeship means a system of training which has been approved by the relevant State or Territory training authority, which meets the requirements of a training package developed by the relevant Industry Skills Council and endorsed by the National Quality Council, and which leads to an AQF certificate level  qualification.

The minimum wages for a trainee undertaking full-time AQF I-III traineeship is as follows:

 

 

 

Highest year of schooling completed

Year 10

Year 11

Year 12

per week

$

per week

$

per week

$

School leaver

287.90

317.10

367.60

Plus 1 year out of school

317.10

367.60

413.80

Plus 2 years out of school

367.60

413.80

462.20

Plus 3 years out of school

413.80

462.20

515.00

Plus 4 years out of school

462.20

515.00

 

Plus 5 or more years out of school

515.00

   

Please note C. 5.3 Other minimum wage provision.

(a)   An employee who was employed by an employer immediately prior to becoming a trainee with that employer must not suffer a reduction in their minimum wage per week or per hour by virtue of becoming a trainee. 

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PAID PARENTAL LEAVE

ABOUT THE PAID PARENTAL LEAVE SCHEME
The Paid Parental Leave scheme is a new entitlement for working parents of children born or adopted from 1 January 2011. The scheme provides government funded Parental Leave Pay at the National Minimum Wage for a maximum period of 18 weeks. Parental Leave Pay is taxable.

Working parents, including full-time, part-time, self-employed, casual, contract and seasonal employees, will be entitled to Parental Leave Pay, if they meet the eligibility criteria outlined in ‘Which employees are eligible for Parental Leave Pay’ on page eight.

The scheme will help employers retain valuable and skilled staff by encouraging them to stay connected with the workforce when they become parents.

Employers will benefit from the scheme without having to fund Parental Leave Pay.

PAID PARENTAL LEAVE SCHEME EMPLOYER TOOLKIT
The Paid Parental Leave Employer Toolkit is a guide for employers who are providing Parental Leave Pay to their employees under the Paid Parental Leave scheme.

The Employer Toolkit provides a brief overview of the Paid Parental Leave scheme, outlines employer responsibilities and provides detail about how Paid Parental Leave funds will be received by employers and Parental Leave Pay will be provided to employees.

The Employer Toolkit is broken up into sections so employers can source the information in three stages according to the processes involved in providing Parental Leave Pay to eligible employees.

CLICK HERE for Paid Parental Leave Scheme for Employers

CLICK HERE for more information on Parental Leave Pay, Day and Partner Pay and Baby Bonus


Important note about information sourced:
The information provided above and/or attached relating to Paid Parental Leave was sourced on 19 March 2014 from the Department of Human Services Website located at web address www.humanservices.gov.au.  Further updates to Paid Parental Leave may be obtained from the Department of Human Services Website.

ATA Members’ may contact the ATA Head Office for further assistance if required.

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CASUAL OR PART / FULL TIME

Q:      Are Casual Employees allowed to work both the morning and afternoon shifts (i.e. split shifts) on the same day?


A:      No - Under the Horse and Greyhound Training Award 2010 (HGTA) a Casual Employee must not be engaged more than once on each day. Therefore performing work in the morning and returning for the afternoon would not be allowed as stated in Clause 10.4 Casual employment (f) as follows:

 

10.4 Casual employment
 
(f)   A casual employee must be engaged:
(i) for a minimum daily period of three hours; and
(ii) not more than once on each day.
 
If you currently employ staff, that work the morning shift and then return for the afternoon shift, they would not be considered casual employees as per the definition under the HGTA. Employee’s that are employed as mentioned above, would be entitled to the provisions of a Full time / Part time employee, such as holiday and personal/carers leave, along with public holiday leave entitlements.

Supplementary Q: If an Employee rightfully elects to remain a Casual Employee does that relieve the Employer of their obligations in this instance?

A:      No - Under Clause 10.4 Casual Employment (d), a Casual Employee has the right to elect if they wish to remain a Casual Employee (receive the higher casual rates).  Even if the Employee has stated in writing that they wish to remain as a Casual Employee this would not relieve the Employer of their obligations under Clause 10.4 (f) mentioned above. Simply stated; if a Casual Employee performs work more than one shift per day, they do not meet the definition of a Casual Employee. Hence they would be defined as a part time or full time employee with entitlement to respective leave provisions and conditions. Paying a higher Casual Rate, with or without written elect from the Employee, does not relieve the Employer of their obligations and in fact may be considered the Employees rate of pay based on part/full time.

Summary
 
Importantly to avoid any misunderstanding and the possibility of costly claims for breaches, a casual employee must be employed as defined under the award. The HGTA definition is clear in that, a Casual Employee must be engaged for a minimum daily period of three hours and not more than once on any given day.

For those employing Casual Employees and who prefer to obtain written confirmation from an Employee, as per clause 10.4 (d) mentioned above, please CLICK HERE for a RIGHT TO ELECT letter template.  We recommend this signed letter should be kept on your Employees file should this be relied upon for future reference.

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EMPLOYING TRACKWORK RIDERS

Q.      “I only require a Track Rider for no more than 2.5 hours per day, 6 days a week. How should I employ a Track Rider for the above hours for mutually agreed pay of ($300 net) whilst remaining compliant with the Horse and Greyhound Training Award?”
 
A.      Under the Horse and Greyhound Training Award 2010 (HGTA) Clause 10.4 (f) a casual employee MUST be engaged for a minimum daily period of three hours
>    Considering the casual employment entitlement of a minimum of 3 hours, in the above scenario, another option would be to employ the Track Rider on part time permanent basis. This would allow for employment of the Track Rider for 2.5 hours per day over 6 days or 15 hours per week. Note: Employment under part time would entitle the Track Rider to leave and personal/carers entitlements on a pro rata basis provided under the HGTA.

>    It is important to assess the pattern of work and minimum hours that the Track Rider or any casual employee is engaged to work. Simply stated, a casual employee who works a regular pattern of hours in twelve consecutive weeks has the right to elect to go to permanent employment. An Employer would need to address the right of an employee to elect to be engaged as a permanent employee (HGTA Clause 10.4 (d) ).
 
>    Clause 10.4 outlines that a casual employee would have the right to elect to go to permanent employment, which in the above case would be part time permanent employment, see HGTA Clause 10.3 Part – Time Employment. Without notice in writing from the Employee that they do not elect to go to permanent employment, the courts may deem that the employee should have been given the right, and as a result, may award entitlements of a Full/Part employee, i.e. holiday & carers/personal provisions.  A rate of pay above the minimum full time (e.g. a specific casual rate) may not be sufficient evidence for the courts to determine that the employee was aware that they were a casual employee. Therefore an employee may debate entitlement to leave provisions at the higher rate of pay.
 
Summary (as at March 2014)
The current minimum hourly rate for an adult Track Rider is $17.49 per hour. In assessing the above examples the outcome is outlined below:
 
Part Time 15 hours x $17.49 = $262.35, the employer could make up the difference in pay with an extra payment of say $37.65 resulting in a gross wage of $300.00 (tax being $0 should they claim the tax free threshold).
 
Casual rate of $21.86 per hour with required minimum of 3 hours per day over 6 days (Mon-Sat) would result in a gross wage of $393.48 compared to $300.00 under Part Time above.
 

 

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The Australian Trainers’ Trust (‘The Trust’) was launched in September 2015.