Update on Overtime Penalties

The Victorian farmer’s Federation (VFF) have advised that contrary to earlier advice given in September at the VCA Grower information session on the new Hort Award changes, regarding public holidays and piece rates and the need to pay penalty rates for public holidays please note the following:
 
They VFF confirm, that there is no public holiday penalty rate to apply to piece rates. This advice applies only to piece rates.  The following excerpt is taken from the FWO Horticulture Showcase:

Overtime - Pieceworkers
Pieceworkers are not entitled to be paid overtime under the Horticulture Award, as they are paid by the piece instead of by the hour. An employee is entitled to be paid overtime if they are paid based on the number of hours they work.

Hours worked while earning a piecework rate do not count towards calculating overtime. Only time worked earning an hourly rate will count towards calculating overtime.

Please note, the VCA is only alerting you to something we have been made aware of, we are not providing wage advice. If you require more information or clarification on the above, we recommend you contact the Victorian Farmers Federation (VFF).