Aquaculture Industry Award

Coverage and classification should be handled together in this award. It is not enough to say the business farms seafood. The employer should identify the aquaculture activity, then match the employee to the correct stream and level under Schedule A, while also checking whether another award may better fit the work environment.

• Confirm first that the business is engaged in aquaculture as defined by clause 4.2.
• Classify by both stream and level, because Schedule A separates finfish and shellfish work.
• Use clause 4.6 where another award may also touch the business.

This award expects clean engagement records. Aquaculture businesses often use variable labour across sites and seasons, so written employment terms matter. Minimum shift and attendance rules should be checked at the roster stage, not left to payroll to discover after the work has already been done.

• Tell each employee in writing at engagement whether they are full time, part time or casual.
• Part time employees need a written regular pattern of hours and starting and finishing times.
• Part time shifts must be at least 3 consecutive hours and casual attendances at least 2 consecutive hours.

Casual weekend payroll is a common trap in this award. The loading is not simply added to every weekend or public holiday hour. Businesses should set up payroll rules that recognise the separate treatment of ordinary casual hours and penalty or overtime situations.

• Casuals receive the casual loading for ordinary hours only.
• When a casual works overtime, on a public holiday, or on Saturday or Sunday as prescribed, the award applies the full time penalty rate without the casual loading on top.
• The pathway from casual to ongoing work sits in the National Employment Standards.

The hours framework is flexible, but not loose. Day workers and shiftworkers are treated differently, and averaging periods matter. Employers should decide which model they are using before they roster work, because the compliance answer changes depending on whether the employee is a day worker or a shiftworker.

• Day workers may work ordinary hours on any 5 days from Monday to Sunday, generally between 5.00 am and 7.00 pm, up to 10 hours a day.
• Day worker hours can average over a maximum of 12 weeks, or longer in the limited way clause 13.4 allows.
• Shiftworkers average 38 hours per week inclusive of meal breaks, with a 28 day cap for ordinary hours.

A business can build flexibility into aquaculture rosters, but the award still expects a structured approach. Moving the span, averaging hours or changing rostered day off arrangements should be done through the mechanisms the award sets out, with records clear enough to explain later why hours were treated as ordinary time.

• The ordinary span for day workers may be moved forward or back by up to one hour through the agreement mechanisms in clause 13.2(c).
• The arrangement of ordinary working hours is a matter for agreement under clause 13.4, subject to the employer's right to fix daily hours and shift start and finish times.
• Rosters, averaging methods and rostered day off arrangements should be documented clearly.

Special duty allowances are part of everyday compliance in this industry. Diving work, overtime meals, first aid appointments and tools can all affect payroll. Employers should test the factual trigger for each allowance instead of treating them as informal site perks or ad hoc reimbursements.

• The award contains first aid, diving, meal and tool allowance rules.
• Finfish attendants who dive may qualify for one allowance, and those supplying their own diving equipment may qualify for an additional allowance.
• Allowance entitlement depends on what the employee is required to do and what equipment the employer supplies.

This award does not replace the National Employment Standards, and businesses should keep the 2 layers separate. That matters for casual changes, leave and the general obligation to make the award and the National Employment Standards accessible to employees who are covered.

• The National Employment Standards and this award operate together as minimum conditions.
• The employer must make the award and the National Employment Standards available to employees.
• Casual status changes are dealt with through the National Employment Standards pathway.

PR799280, PR799394, PR799549

The current consolidated award incorporates these recent variation determinations. Use the consolidated wording when checking any affected clause, schedule, rate or allowance.

Affected: 16 - Minimum rates, 18 - Allowances, Schedule B - Summary of Hourly Rates of Pay, Schedule C - Summary of Monetary Allowances, Schedule E - Supported Wage System