EXPLANATORY NOTE

(This note is not part of the Order)

This Order revokes and replaces, subject to some changes and a transitional provision, the Agricultural Wages (Wales) Order 2023.

Part 2 of the Order provides that agricultural workers are to be employed subject to the terms and conditions set out in Parts 2 to 5 of the Order (article 3) and specifies the different grades and categories of agricultural worker (article 5 to 9).

Part 3 makes provision about the minimum rates of remuneration that must be paid to agricultural workers (article 11). Provision is made for accommodation offset allowance which may be deducted from an agricultural worker’s remuneration (article 15). 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 16).

Part 4 provides that an agricultural worker is entitled to agricultural sick pay in the circumstances specified (articles 18 to 21). Provision is made about calculating the amount of agricultural sick pay that an agricultural worker is entitled to (article 22). A payment of statutory sick pay is to count towards an agricultural worker’s entitlement to agricultural sick pay (article 23).

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 28), daily rest (article 29) and weekly rest period (article 30). Provision is also made specifying the agricultural worker’s annual leave year and about the agricultural worker’s entitlement to annual leave, holiday pay and about payment in lieu of annual leave (articles 31 to 38). Provision about an agricultural worker’s entitlement to be paid bereavement leave is made in articles 41 to 43.

Part 6 contains a revocation and a transitional provision.

The Welsh Ministers’ Code of Practice on the carrying out of Regulatory Impact Assessments was considered in relation to this Order. As a result, a regulatory impact assessment has been prepared as to the likely costs and benefits of complying with this Order. A copy can be obtained from the Welsh Government, Cathays Park, Cardiff, CF10 3NQ and on the Welsh Government website at www.gov.wales.