The Agricultural Wages (No. 2) (Wales) Order 2022

Interpretation E+W

2.—(1) In this Order—

“agriculture” (“amaethyddiaeth”) includes—

(a)

dairy farming;

(b)

the production of any consumable produce for the purposes of a trade or business or any other undertaking (whether carried on for profit or not);

(c)

the use of land as grazing, meadow or pasture land;

(d)

the use of land for orchards, osier land or woodland;

(e)

the use of land for market gardens or nursery grounds;

“agricultural worker” (“gweithiwr amaethyddol”) means a person employed in agriculture in Wales, whether or not the whole of the work undertaken by virtue of that employment is undertaken in Wales;

“apprenticeship framework” (“fframwaith prentisiaethau”) means any of the current Apprenticeship Frameworks for the agricultural sector in Wales published by Lantra(1), or previous versions of the Apprenticeship Frameworks for the agricultural sector in Wales published by Lantra;

“basic hours” (“oriau sylfaenol”) means 39 hours of work per week, excluding overtime, worked in accordance with either an agricultural worker’s contract of service or an apprenticeship;

“birth and adoption grant” (“grant geni a mabwysiadu”) means a payment that an agricultural worker is entitled to receive from their employer on the birth of their child or upon the adoption of a child and is payable—

(a)

where the agricultural worker has given their employer a copy of the child’s Birth Certificate or Adoption Order (naming the worker as the child’s parent or adoptive parent) within 3 months of the child’s birth or adoption; and

(b)

in circumstances where both parents or adoptive parents are agricultural workers with the same employer, to each agricultural worker;

“child” (“plentyn”) means an individual under the age of 18 (including a baby that is stillborn after 24 weeks of pregnancy). A child will be the child of an agricultural worker if the agricultural worker:

(a)

is the parent (including the adoptive parent) or foster parent of the child;

(b)

has had the child placed with them for adoption (whether by a UK adoption agency or from overseas);

(c)

is their intended parent under a surrogacy arrangement;

(d)

is the natural parent of a child who has since been adopted by someone else, and there is a court order allowing the agricultural worker or the agricultural worker’s partner to have contact with the child;

(e)

looks after the child in their own home, other than as a paid carer, and has done so for at least four weeks;

(f)

is the partner of an individual in any of categories set out in (a) to (e) above. “Partner” means a person living with another person and the child in an enduring family relationship, and who is not the individual’s parent (including adoptive parents), grandparent, sibling (including a half-sibling), aunt or uncle (including half-aunts and uncles);

“compulsory school age” (“oedran ysgol gorfodol”) has the meaning given in section 8 of the Education Act 1996(2);

“consumable produce” (“cynnyrch defnyddiadwy”) means produce grown for consumption or for other use after severance from the land on which it is grown;

“employment” (“cyflogaeth”) means employed under a contract of service or apprenticeship and “employed” (“a gyflogir”) and “employer” (“cyflogwr”) are to be construed accordingly;

“guaranteed overtime” (“goramser gwarantedig”) means overtime which an agricultural worker is obliged to work either under their contract of service or their apprenticeship and in respect of which the agricultural worker’s employer guarantees payment, whether or not there is work for the agricultural worker to do;

“hours” (“oriau”) includes a fraction of an hour;

“night work” (“gwaith nos”) means work (apart from overtime hours) undertaken by an agricultural worker between 7 p.m. on one evening and 6 a.m. the following morning, but excluding the first two hours of work that an agricultural worker does in that period;

“on-call” (“ar alwad”) means a formal arrangement between the agricultural worker and their employer where an agricultural worker who is not at work agrees with their employer to be contactable by an agreed method and able to reach the place where they may be required to work within an agreed time;

“output work” (“gwaith allbwn”) means work which, for the purposes of remuneration, is measured by the number of pieces made or processed or the number of tasks performed by an agricultural worker;

“overtime” (“goramser”) means—

(a)

in relation to an agricultural worker who began their employment prior to 1 October 2006, time that is not guaranteed overtime worked by the agricultural worker—

(i)

in addition to an 8 hour working day;

(ii)

in addition to the agreed hours of work in their contract of service;

(iii)

on a public holiday,

(iv)

on a Sunday; or

(v)

in any period commencing on a Sunday and continuing to the following Monday up until the time that worker would normally start their working day;

(b)

in relation to all other agricultural workers, time that is not guaranteed overtime worked by the agricultural worker—

(i)

in addition to an 8 hour working day;

(ii)

in addition to the agreed hours of work in their contract of service; or

(iii)

on a public holiday;

“panel” (“panel”) means the Agricultural Advisory Panel for Wales;

“qualifying days” (“diwrnodau cymwys”) means days on which the agricultural worker would normally be required to be available for work including days on which the agricultural worker—

(a)

was taking annual leave;

(b)

was taking bereavement leave;

(c)

was taking statutory maternity, paternity, shared parental or adoption leave; or

(d)

was on a period of sickness absence;

“sickness absence” (“absenoldeb salwch”) means the absence of an agricultural worker from work due to incapacity by reason of—

(a)

any illness suffered by the agricultural worker;

(b)

illness or incapacity caused by the agricultural worker’s pregnancy or suffered as a result of childbirth;

(c)

an injury that occurs to the agricultural worker at the agricultural worker’s place of work;

(d)

an injury that occurs to the agricultural worker when travelling to or from their place of work;

(e)

time spent by the agricultural worker recovering from an operation caused by an illness; or

(f)

time spent by the agricultural worker recovering from an operation in consequence of an injury suffered at their place of work or an injury suffered whilst travelling to or from their place of work,

but does not include any injury suffered by the agricultural worker when not at their place of work nor any injury suffered when the agricultural worker is not travelling to or from their place of work;

“the national minimum wage” (“isafswm cyflog cenedlaethol”) has the meaning given by section 10 of the Agricultural Sector (Wales) Act 2014(3);

“travelling” (“teithio”) means a journey by a mode of transport or a journey on foot and includes—

(a)

waiting at a place of departure to begin a journey by a mode of transport;

(b)

waiting at a place of departure for a journey to re-commence either by the same or another mode of transport, except for any time the agricultural worker spends taking a rest break; and

(c)

waiting at the end of a journey for the purpose of carrying out duties, or to receive training, except for any time the agricultural worker spends taking a rest break;

“working time” (“amser gweithio”) means any period during which an agricultural worker is working at their employer’s disposal and carrying out activities or duties in accordance with either their contract of service or their apprenticeship and includes—

(a)

any period during which an agricultural worker is receiving relevant training;

(b)

any time spent travelling by an agricultural worker for the purposes of their employment but does not include time spent commuting between their home and their place of work;

(c)

any period during which an agricultural worker is prevented from carrying out activities or duties in accordance with their contract of service or their apprenticeship due to bad weather; and

(d)

any additional period which the employer and the agricultural worker agree is to be treated as working time,

and references to “work” (“gwaith”) are to be construed accordingly.

(2) In this article the reference to agricultural workers who began their employment prior to the 1 October 2006 includes agricultural workers—

(a) whose contract terms have since been subject to any variation; or

(b) who have since been employed by a new employer pursuant to the Transfer of Undertakings (Protection of Employment) Regulations 2006(4).

(3) References in this Order to a period of continuous employment are to be construed as a period of continuous employment computed in accordance with sections 210 to 219 of the Employment Rights Act 1996(5).

Commencement Information

I1 Art. 2 in force at 6.8.2022, see art. 1(2)

(1)

https://acwcerts.co.uk/web/frameworks-library

(2)

1996 c. 56. Section 8 was amended by the Education Act 1997 (c. 44), section 52.

(3)

2014 anaw 6.

(4)

S.I. 2006/246.

(5)

1996 c. 18. Section 211 was amended by Schedule 8 to S.I. 2006/1031. Section 212 was amended by Schedules 4 and 9 to the Employment Relations Act 1999 (c. 26). Section 215 was amended by Schedule 7 to the Social Security Contributions (Transfer of Functions, etc.) Act 1999 (c. 2). Section 219 was amended by Schedule 15 to the Employment Rights (Dispute Resolution) Act 1998 (c. 8).