General information only — not legal advice. First speak with your employer, then if unsuccessful contact Fair Work or an employment lawyer.
REVIEW MYPAY

Am I Being Underpaid Under the Horticulture Award?

Rates effective 1 July 2025 · MA000028

If you work under the Horticulture Award and have never checked your pay against the award, there is a real chance you are being underpaid. Underpayment is not always obvious — it often hides in missing penalty rates, incorrect classification levels, or allowances that never appear on your payslip.

The Fair Work Ombudsman recovered $358 million for more than 249,000 underpaid workers in 2024–25. In investigated food and hospitality businesses, 86% were found in breach — most commonly for failing to pay penalty rates. (FWO Annual Report 2024–25)

Common roles covered: Farm workers, nursery staff, fruit pickers, garden centre workers. If any of those sound like your job — keep reading.

What underpayment looks like

Scenario: Casual employee, Level 1. Works 4 shifts per week including one Sunday. Paid a flat rate of $30.35 for every shift.

The problem: Sunday casual rate should be $33.99/hr — not the ordinary casual rate. On a 6-hour Sunday shift alone, that is $21.84 underpaid per week, or $1,048.32 over a year.

And that is just one shift type. Add in missed public holiday rates, allowances, and potential overtime — and it compounds fast.

The most common signs you're being underpaid

1. Your pay looks the same regardless of the day

If your Sunday rate, Saturday rate, and Tuesday rate are identical on your payslip, penalty rates almost certainly have not been applied. Under the Horticulture Award, weekend and public holiday rates are significantly higher than ordinary weekday rates. The Level 1 ordinary casual rate is $30.35/hr — but the Sunday casual rate is $33.99/hr.

2. You regularly work more than 38 hours but never see overtime

Overtime triggers after 38 ordinary hours per week (or after the daily threshold set by the award). If you consistently work past these limits and your payslip looks the same every week, overtime is not being calculated. See Horticulture Award overtime rates.

3. Your classification level has never been reviewed

Your classification determines your minimum rate. If your duties have expanded since you started but your level has not changed, you may be classified — and paid — below where you should be. The difference between Level 1 ($24.28/hr) and Level 2 ($24.95/hr) is $0.67/hr — that is over $1,222.08/year for a full-time worker.

4. No allowances appear on your payslip

Meal allowances, uniform allowances, tool allowances, and other entitlements should appear as separate lines on your payslip. If you never see them, they are almost certainly not being paid. See Horticulture Award allowances.

Common underpayment patterns

  • Flat hourly rate regardless of weekends or public holidays
  • Classified at the wrong level for the duties actually performed
  • Casual loading treated as covering weekend penalty rates (it does not)
  • Overtime simply never paid despite regularly exceeding 38 hours
  • Allowances never mentioned, never paid

These issues rarely happen in isolation — and even one can result in hundreds or thousands in underpayments per year.

What to do if you find a shortfall

  • Calculate the exact amount using the tool below — a specific number makes everything easier
  • Raise it with your employer — many underpayments are genuine errors that get corrected quickly
  • If unresolved, contact the Fair Work Ombudsman on 13 13 94 — they can recover unpaid wages going back 6 years at no cost to you

See the full guide to reporting underpayment.

Not sure if your Horticulture Award pay is right?

Enter your shifts and find out in 2 minutes. Free, instant, based on official Fair Work rates.

Check my pay now

No sign-up required

Frequently asked questions

How do I know if the Horticulture Award covers me?

The Horticulture Award covers employees working in the industry described by the award. If you're unsure, use the Fair Work Award Finder at fairwork.gov.au or call 13 13 94. Your employer should be able to tell you which award applies to your role.

Could my employer be underpaying me by mistake?

Often yes. Payroll errors, outdated systems, and genuine misunderstanding of the award account for a large proportion of underpayments. Raising it doesn't imply accusation — it's a straightforward correction in most cases.

What if my employer gets angry when I raise it?

You are legally protected from adverse action — dismissal, demotion, reduction in hours — for exercising your workplace rights. If your employer retaliates, that's a separate and serious legal breach.

How far back can I recover underpayments?

The Fair Work Ombudsman can recover unpaid wages going back up to 6 years. Even small shortfalls — $2–3/hr — add up to thousands over that period.

Not sure if you're being paid correctly? Check your pay now — it takes 2 minutes and you'll know for certain.

Not sure if your Horticulture Award pay is right?

Enter your shifts and find out in 2 minutes. Free, instant, based on official Fair Work rates.

Check my pay now

No sign-up required

Rates sourced from the Fair Work Commission pay guide for the Horticulture Award (MA000028), effective 1 July 2025. General information only — not legal advice. Verify at fairwork.gov.au.