Breaks, leave & time off in lieu
Find out more about breaks and time off in lieu for the horticulture industry.
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Wine Award requirements
The Wine Award has different rules and requirements. To find out about breaks, leave and time off in lieu check the Wine Award.
Under the Horticulture Award, employees get one paid rest break of 10 minutes and one unpaid meal break of between 30 minutes and one hour each day. Employees can’t be required to work more than 5 hours without a meal break.
Workers have to get a minimum break of 10 hours between finishing work on one day and starting work on the next day or shift.
The Horticulture Award allows an employer and employee to agree to the employee taking paid time off instead of being paid overtime pay. This is also known as 'time in lieu' or 'time off in lieu (TOIL)’. The agreement must be in writing and include specified details. The employer must keep a copy of the agreement. For an example of a time off agreement, see schedule H of the Horticulture Award.
The agreement can be terminated by the employer or employee at any time in writing.
The period of time off that an employee is entitled to take is the same as the number of overtime hours worked. For example, an employee who worked 2 overtime hours is entitled to 2 hours’ time off.
An employee must take the time off within 6 months of it being worked, at a time or times agreed by the employee and their employer.
Casual employees can take TOIL instead of getting paid overtime.
If a casual employee takes TOIL, then payment must be at least the base minimum rate plus the casual loading of 25%. If time off is not taken within 6 months, the employer must pay the employee for the overtime worked at the employee’s overtime rate that applied when the overtime was worked.
When an employee’s employment ends and time off has not been taken, the employer must pay the employee for the overtime at the employee’s overtime rate that applied when the overtime was worked.