Overtime penalties for casual employees engaged under the Horticulture Award commences from the first full pay period on or after Monday 15 April 2019, following a decision by the Fair Work Commission (FWC), which was handed down on Tuesday 2 April 2019. 

These changes have been confirmed, and include:

• A 15% loading (in addition to the initial casual loading of 25%) for ordinary hours work performed on any day of the week between 8.31pm and 4.59am;
• In circumstances where an employee works more than 12 hours per engagement or per day an overtime penalty rate of 150% (plus 25% casual loading); and
• In circumstances where an employee works more than 304 ‘ordinary hours’ over an 8 week period (an average of 38 hours per week), an overtime penalty rate of 150% (plus 25% casual loading).

These changes must be implemented by 15 April 2019.  All growers must ensure they are compliant with the changes to the Horticulture Award or risk non-compliance.

A copy of the Fair Work Commission's decision can be found here.