Employment law questions answered for horse business owners
There are many agistment centres, training stables, riding schools and other equine associated horse businesses that employ people on a full time, part time, casual or other basis.
As an employer, you have an obligation to comply with Australian employment law and provide a safe working environment for your people.
This applies regardless of whether you provide regular or irregular work for a person employed in your stable, managing your horses, manufacturing horse equipment or helping you run your business.
Q: What laws do I need to be aware of in relation to my staff?
You have an obligation to comply with Australian employment law and provide a safe work environment if you employ people in your stable. The laws that apply to your workplace will vary depending on several things, such as what state you are based in and what business structure you’re operating as. Broadly speaking, there are three key sources of employment law in Australia:
Legislation (federal, state and territory laws, such as The Fair Work Act 2009);
industrial instruments (eg. modern awards and enterprise agreements, such as the Horse and Greyhound Training Award); and
the common law (court rulings).
Identifying the laws that apply to your business can be a complex issue, particularly if you are based in Western Australia. The national workplace relations system, which is governed by the Fair Work Act 2009, applies to most employment relationships in Australia (but not all). The Fair Work Act mandates 11 minimum entitlements for employees, known as the National Employment Standards (NES). The NES covers issues such as maximum weekly hours, leave entitlements and notice of termination. These are the minimum entitlements that cannot be contracted out of.
Q: What are the different types of employment?
Different wage and leave entitlements apply to different types of employment. Full time employees generally work for an average of 38 hours per week and have leave entitlements as set out in the table below (Table 1). Part time employees work a regular number of hours that is less than 38 hours per week, which may be a set number of days per week or shifts. Part time employees are entitled to the same paid leave entitlements as full-time employees, but on a pro-rata basis, according to the hours they work. Full and part time employees are “permanent” staff members, meaning that their employment continues until terminated. Casual employees work on an irregular basis according to business need and receive a loading on top of the standard hourly pay rate. They do not receive sick or annual leave pay, but may be eligible for long service and parental leave in some circumstances. All employees are entitled to the same amount of unpaid carer’s leave and family and domestic violence leave as set out in Table 1. Employers should also be aware of their tax and superannuation obligations in relation to eligible employees.
Q: What is the minimum wage in Australia?
An employee’s wage cannot be less than what they would get under an enterprise agreement, modern award or national minimum wage. From 1 July 2022, the national minimum wage (for adults aged 21 or over) is $21.38 per hour or $812.60 per week. The minimum wage for a particular employee will vary depending on whether an agreement or award applies, their age and location in Australia. Employers should be familiar with the minimum wage that applies in relation to their employees, and stay up to date with minimum wage changes each year.
Q: Can I have children under 15 years old working at my stable?
The minimum age restrictions for employment vary between each state and territory in Australia.
In Western Australia, children under 15 years of age cannot be paid to work in a riding school or equestrian centre.[1] They also cannot volunteer or help around the property in exchange for lessons. However, there are some exclusions to this general rule – if the child is working in a family business owned by a relative, or if the organisation is a charity or not-for-profit. It’s also worth keeping in mind that children who are of school age can only work outside of school hours. Each state and territory has its own definition of “school age”.
Q: Do I need to schedule rest and meal breaks for my employees?
Most modern awards specify that workers must have a meal break of between 30-60 minutes after working for 5-6 hours straight. However, even if an award doesn’t apply to a particular employee, employers have a duty to provide a safe work environment. This generally includes providing adequate breaks to relieve fatigue and control risks. Offering increased rest breaks may be considered by employers for jobs that require a significant amount of physical exertion or for work in very hot or cold conditions.
Q: What happens if someone is injured at work?
Take action immediately to assist with first aid or medical treatment. It is a good idea to also make a written record of the injury and what happened. In certain cases, you may also be required to notify the relevant work health and safety regulator that an incident has occurred. An employee may be entitled to claim workers’ compensation if they suffer a work-related injury or illness. If an employee makes a claim and is successful, they may be entitled to recover the cost of medical treatment and lost wages if they are unable to work. Employers are reminded that they are required to have workers’ compensation insurance for anyone they employ who the legislation defines as a “worker” – it is compulsory insurance required by all employers to protect staff. Following an accident or incident, an employer may need to reassess whether they are adequately managing health and safety risks around the stable. If you are unable to eliminate risks, aim to minimise them as much as possible. This may be achieved by providing more training and instruction to employees. Remember to keep records of all training administered.
*Information is general and not legal advice. You should seek legal advice in relation to any particular employment related matters you or your business may have.
[1] S 190 Children and Community Services Act 2004 (WA).
This article first appeared in Hoofbeats magazine Vol 44-3 October/November 2022.
