EXPLANATORY NOTE
(This note is not part of the Order)
This Order replaces, subject to some changes and a transitional and saving provision, the Agricultural Wages Order 2012 which, pursuant to section 12(1) of the Agricultural Sector (Wales) Act 2014, continues to have effect in relation to agricultural workers until such time as the Welsh Ministers made a new agricultural wages order.
Part 2 of the Order provides that agricultural workers are to be employed subject to the terms and conditions set out in Parts 2 – 5 of the Order (article 3) and specifies the different grades and categories of agricultural worker (articles 5to 12).
Part 3 makes provision about the minimum rates of remuneration that must be paid to agricultural workers (article 13). Provision is made for accommodation offset allowance which may be deducted from an agricultural worker’s remuneration (article 16). Provision is also made for dog allowance, on-call allowance, night work allowance and birth and adoption grants which do not form part of an agricultural worker’s remuneration (article 17).
Part 4 provides that an agricultural worker is entitled to agricultural sick pay in the circumstances specified (articles 19 to 22). Provision is made about calculating the amount of agricultural sick pay that an agricultural worker is entitled to (article 23). A payment of statutory sick pay is to count towards an agricultural worker’s entitlement to agricultural sick pay (Article 24).
Part 5 makes provision about an agricultural worker’s entitlement to time off. Provision is made about an agricultural worker’s entitlement to rest breaks (article 29). Provision is also made specifying the agricultural worker’s annual leave year and about an agricultural worker’s entitlement to annual leave, holiday pay and about payment in lieu of annual leave (articles 30 to 36). Provision about an agricultural worker’s entitlement to paid bereavement leave is made in articles 39 to 41.
Part 6 contains a saving provision.
The Regulatory Impact Assessment applicable to this Order is obtainable from the Welsh Government at: Cathays Park, Cardiff, CF10 3NQ and on the Welsh Government website at www.gov.wales.