12 Labour Legal Requirements for Australian Horticulture Businesses

As a business owner in the landscape, horticulture, and nursery industry, it’s essential to understand labour laws and regulations to ensure compliance and protect your business. In this blog post, we’ll list the most important labour laws and regulations that apply to our industry in Australia.

12 Labour Legal Requirements for Australian Horticulture Businesses

  1. Minimum wage: Australian horticulture, landscaping and nursery businesses need to ensure that all employees are paid at least the current national minimum wage, which applies to all types of employees, including full-time, part-time, casual and apprentices.
    Fair Work Commission building in Australia

    The less you have to deal with the Fair Work Commission, the better. Image source

  2. Leave entitlements: All employees in Australia are entitled to certain types of leave, such as annual leave, personal/carer’s leave, and compassionate leave. It is the responsibility of the business owner to ensure that employees are aware of their leave entitlements and that their requests for leave are handled appropriately.
  3. Workplace health and safety: Employers have a legal responsibility to provide a safe and healthy workplace for employees. This includes conducting regular risk assessments and implementing appropriate controls to minimize hazards, as well as providing appropriate training and resources to ensure that employees can work safely.
  4. Discrimination and Harassment: Employers are required to provide a safe and respectful workplace free from discrimination, harassment and bullying. Employers have a legal obligation to take all reasonable steps to prevent discrimination, harassment, and bullying in the workplace.
  5. Payroll Tax: Employers in Australia are required to register for payroll tax and comply with the state’s payroll tax laws. The tax is calculated based on an employee’s gross salary and wages.
  6. Superannuation: Employers are required to make superannuation contributions for their employees, which is a form of retirement savings. Employers must make contributions at a minimum rate of 9.5% of an employee’s ordinary time earnings.
  7. Workers’ Compensation: Employers are required to have workers’ compensation insurance to cover any injuries or illnesses that may occur to employees in the course of their work.
  8. Employee Records: Employers are required to keep records of employee information such as pay, leave, and personal details. These records must be kept for a minimum of seven years.
  9. Privacy and Data Protection: Employers must comply with the Privacy Act and the Australian Privacy Principles in relation to the collection, use and storage of personal information of employees.
  10. Termination and redundancy: Employers must comply with the Fair Work Act and any relevant state laws when terminating or making an employee redundant. This includes providing notice, consultation and paying redundancy entitlements if applicable.
  11. Modern Awards: Industry awards set out the minimum terms and conditions of employment for employees. Horticulture, landscaping and nursery businesses need to ensure that they comply with the terms of any modern award that applies to their employees.
  12. Collective Bargaining: Employers must respect the rights of employees to engage in collective bargaining and must not discriminate against employees for their involvement in union activities.


It’s your responsibility to ensure compliance to Australian labour laws and protect your horticultural business. Seek professional legal advice to help avoid critical mistakes that can put your business at risk.

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