Wine Industry Award

Coverage needs a business activity check and a classification check. A winery style job title on its own is not enough to settle the question.

• Check that the employer is in the wine industry as defined in clause 4.2 and that the employee fits a Schedule A classification stream.
• If more than one award could cover the employer, clause 4.6 says the employee is covered by the classification that is most appropriate to the work performed and the environment in which the employee normally works.
• If this award has no classification for the employee, the note to clause 4.6 says an occupational award may be the more suitable award.

The engagement type has to be identified properly at the start, and part time patterns need written records from day one.

• At engagement, tell the employee whether they are full time, part time or casual.
• A full time employee is engaged to work an average of 38 ordinary hours per week.
• For a part time employee, the employer and employee must agree a pattern of work in writing at the start, and any variation must also be recorded in writing.
• A casual minimum engagement is usually 4 hours, with a limited 2 hour weather exception for pruning or harvesting work.
• The pathway for changing from casual employment to full time or part time employment sits in the NES, not in a separate award test.

Rostering is a key risk area because the ordinary hours window changes for cellar door work and vineyard work during the vintage.

• Ordinary hours for day workers and shiftworkers are an average of up to 38 per week and are worked continuously except for meal breaks.
• Ordinary hours must not exceed 10 hours on a day unless the employer and the majority of employees in the relevant workplace or section agree to extend the daily maximum to up to 12 hours.
• For day workers, the usual spread is 6.00 am to 6.00 pm Monday to Friday.
• Employees rostered to perform work in the cellar door can work ordinary hours between 8.00 am and 6.00 pm on Saturday and Sunday.
• Employees rostered to perform work in the vineyard can work ordinary hours between 5.00 am and 6.00 pm Monday to Saturday during the vintage, and the employer must make and retain a record of the beginning and end of each vintage period with the time and wages records.

Pay settings should follow the correct stream and the correct special wage rule. A generic winery classification is not enough.

• Schedule A uses separate streams for bottling, cellar, cellar door sales, laboratory, vineyard, warehouse and supply, and coopers work.
• The standard adult minimum rate table in clause 15.1 does not apply to adult apprentices, trainees, employees receiving a supported wage, or employees who have agreed to a piecework rate under clause 17.
• Clause 15.7 has a clear higher duties rule, so temporary upgrades need to be tracked rather than absorbed into a generic roster.
• Clause 15.9 brings in the national training wage provisions from Schedule E to the Miscellaneous Award 2020 for traineeships.

Do not fold award allowances into the base rate. This award has several work specific extras that need separate handling.

• Allowances that apply under clause 19 must be paid and separately identified on pay records and payslips.
• Leading hand allowances apply, with separate treatment for other leading hands and coopers stream leading hands.
• A first aid allowance only applies where the employee holds appropriate first aid qualifications and is appointed by the employer to perform first aid duty.
• The award also contains task based extra payments or conditions for mobile crane work, washing out and chipping boilers or cleaning flues, and wet work where adequate protective clothing is not provided.

If you need individual flexibility, use the formal award process and keep the separate NES rules in view at the same time.

• An individual flexibility arrangement can vary when work is performed, overtime rates, penalty rates, allowances or annual leave loading, but only if it is genuinely agreed after employment starts.
• The arrangement must be in writing, leave the employee better off overall, and be kept as a time and wages record.
• If the employee may have limited understanding of written English, the employer must take reasonable steps, including translation where appropriate, so the employee understands the proposal.
• Requests for flexible working arrangements are dealt with under the NES.

PR799280, PR799370, PR799525

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

Affected: 15 - Minimum rates, 19 - Allowances, Schedule B - Summary of Hourly Rates of Pay, Schedule C - Summary of Monetary Allowances, Schedule E - Supported Wage System