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Victorian Local Government (Early Childhood Education Employees) Award 2016
This Fair Work Commission consolidated modern award incorporates all amendments up to and including 27 August 2024 (PR777391 and PR778134).
Clause(s) affected by the most recent variation(s):
3—Definitions and interpretation
10—Types of employment
19A—Employee right to disconnect
Table of Contents
[Varied by PR774881, PR778134]
5. Access to the award and the National Employment Standards.................................... 5
Part 2— Workplace Delegates, Consultation and Dispute Resolution................................ 7
Part 3— Types of Employment and Termination of Employment.................................... 12
23. Pro rata payment of salary inclusive of annual leave—teachers................................ 35
Part 1—Application and Operation
This award is the Victorian Local Government (Early Childhood Education Employees) Award 2016.
2.1 This award commences on 18 July 2016.
2.2 The monetary obligations imposed on employers by this award may be absorbed into overaward payments. Nothing in this award requires an employer to maintain or increase any overaward payment.
2.3 Neither the making of this award nor the operation of any transitional arrangements is intended to result in a reduction in the take-home pay of employees covered by the award. On application by or on behalf of an employee who suffers a reduction in take-home pay as a result of the making of this award or the operation of any transitional arrangements, the Fair Work Commission may make any order it considers appropriate to remedy the situation.
3. Definitions and interpretation
[Varied by PR733973, PR774881, PR777391]
3.1 In this award, unless the contrary intention appears:
Act means the Fair Work Act 2009 (Cth)
approved early childhood educator qualification means a qualification that is approved by the Australian Children’s Education and Care Quality Authority (ACECQA) and included in the list of approved early childhood educator qualifications published under regulation 137 of the Education and Care Services National Regulations 2011 (Cth).
approved early childhood teaching qualification means a qualification that is approved by the Australian Children’s Education and Care Quality Authority (ACECQA) and included in the list of approved early childhood teaching qualifications published under regulation 137 of the Education and Care Services National Regulations 2011 (Cth).
[Definition of casual employee inserted by PR733973 from 27Sep21; varied by PR777391 from 27Aug24]
casual employee has the meaning given by section 15A of the Act
NOTE: Section 15A of the Act was amended with effect from 26 August 2024. Under clause 102(3) of Schedule 1 to the Act, an existing employee who was a casual employee of an employer under section 15A as it was immediately before that date is taken to be a casual employee of the employer for the purposes of section 15A after that date.
default fund employee means an employee who has no chosen fund within the meaning of the Superannuation Guarantee (Administration) Act 1992 (Cth)
defined benefit member has the meaning given by the Superannuation Guarantee (Administration) Act 1992 (Cth)
early childhood educator means a person, other than an early childhood teacher, who is required by the employer to hold a Certificate III in Children’s Services or a recognised early childhood Diploma
early childhood teacher means a person required by the employer to hold an approved early childhood teaching qualification
[Definition of employee organisation inserted by PR774881 from 01Jul24]
employee organisation has the meaning given by section 12 of Act.
employer means national system employer within the meaning of the Act
[Definition of enterprise inserted by PR774881 from 01Jul24]
enterprise has the meaning given by section 12 of the Act.
full rate of pay has the meaning in the NES
full-time teaching load is 25.5 hours per week
MySuper product has the meaning given by the Superannuation Industry (Supervision) Act 1993 (Cth)
NES means the National Employment Standards as contained in sections 59 to 131 of the Fair Work Act 2009 (Cth)
non-term weeks means weeks in the preschool year other than term weeks and include periods designated as preschool holidays for students as determined by the Department of Education and Training or its successor
on-hire means the on-hire of an employee by their employer to a client, where such employee works under the general guidance and instruction of the client or a representative of the client
preschool field officer means an employee who is required by the employer to hold an approved early childhood teaching qualification to perform the duties of a preschool field officer
[Definition of small business employer inserted by PR774881 from 01Jul24]
small business employer has the meaning given by section 23 of the Act.
standard rate means the minimum annual rate applicable to Level 1 in clause 14—Minimum salary
[Definition of workplace delegate inserted by PR774881 from 01Jul24]
workplace delegate has the meaning given by section 350C(1) of the Act.
3.2 Where this award refers to a condition of employment provided for in the NES, the NES definition applies.
4.1 This State reference public sector modern award covers local government employers and their early childhood education employees in the classifications specified in this award to the exclusion of any other modern award.
4.2 This award covers any employer which supplies labour on an on-hire basis in the industry set out in clause 4.1 in respect of on-hire employees in classifications covered by this award, and those on-hire employees, while engaged in the performance of work for an employer in that industry. This subclause operates subject to the exclusions from coverage in this award.
4.3 The award does not cover an employee excluded from award coverage by the Act.
4.4 Where an employer is covered by more than one award, an employee of that employer is covered by the classification which is most appropriate to the work performed by the employee and to the environment in which the employee normally performs the work.
NOTE: Where there is no classification for a particular employee in this award it is possible that the employer and that employee are covered by an award with occupational coverage.
5. Access to the award and the National Employment Standards
The employer must ensure that copies of this award and the NES are available to all employees to whom they apply either on a noticeboard which is conveniently located at or near the workplace or through electronic means, whichever makes them more accessible.
6. The National Employment Standards and this award
The NES and this award contain minimum conditions of employment for employees covered by this award.
(a) arrangements for when work is performed;
(b) allowances;
(c) leave loading;
(d) overtime rates; and
(e) penalty rates.
7.2 The employer and the individual employee must have genuinely made the agreement without coercion or duress. An agreement under this clause can only be entered into after the individual employee has commenced employment with the employer.
7.3 The agreement between the employer and the individual employee must:
(a) be confined to a variation in the application of one or more of the terms listed in clause 7.1; and
7.4 The agreement between the employer and the individual employee must also:
(b) state each term of this award that the employer and the individual employee have agreed to vary;
(c) detail how the application of each term has been varied by agreement between the employer and the individual employee;
(d) detail how the agreement results in the individual employee being better off overall in relation to the individual employee’s terms and conditions of employment; and
(e) state the date the agreement commences to operate.
7.5 The employer must give the individual employee a copy of the agreement and keep the agreement as a time and wages record.
7.6 Except as provided in clause 7.4(a) the agreement must not require the approval or consent of a person other than the employer and the individual employee.
7.7 An employer seeking to enter into an agreement must provide a written proposal to the employee. Where the employee’s understanding of written English is limited the employer must take measures, including translation into an appropriate language, to ensure the employee understands the proposal.
7.8 The agreement may be terminated:
(b) at any time, by written agreement between the employer and the individual employee.
Note: If any of the requirements of s.144(4), which are reflected in the requirements of this clause, are not met then the agreement may be terminated by either the employee or the employer, giving written notice of not more than 28 days (see s.145 of the Fair Work Act 2009 (Cth)).
7.9 The notice provisions in clause 7.8(a) only apply to an agreement entered into from the first full pay period commencing on or after 4 December 2013. An agreement entered into before that date may be terminated in accordance with clause 7.8(a), subject to four weeks’ notice of termination.
7.10 The right to make an agreement pursuant to this clause is in addition to, and is not intended to otherwise affect, any provision for an agreement between an employer and an individual employee contained in any other term of this award.
Part 2—Workplace Delegates, Consultation and Dispute Resolution
[Part 2—Consultation and Dispute Resolution renamed by PR774881 from 01Jul24]
7A. Workplace delegates’ rights
[7A inserted by PR774881 from 01Jul24]
7A.1 Clause 7A provides for the exercise of the rights of workplace delegates set out in section 350C of the Act.
NOTE: Under section 350C(4) of the Act, the employer is taken to have afforded a workplace delegate the rights mentioned in section 350C(3) if the employer has complied with clause 7A.
7A.2 In clause 7A:
(a) employer means the employer of the workplace delegate;
(b) delegate’s organisation means the employee organisation in accordance with the rules of which the workplace delegate was appointed or elected; and
(c) eligible employees means members and persons eligible to be members of the delegate’s organisation who are employed by the employer in the enterprise.
7A.3 Before exercising entitlements under clause 7A, a workplace delegate must give the employer written notice of their appointment or election as a workplace delegate. If requested, the workplace delegate must provide the employer with evidence that would satisfy a reasonable person of their appointment or election.
7A.4 An employee who ceases to be a workplace delegate must give written notice to the employer within 14 days.
7A.5 Right of representation
A workplace delegate may represent the industrial interests of eligible employees who wish to be represented by the workplace delegate in matters including:
(a) consultation about major workplace change;
(b) consultation about changes to rosters or hours of work;
(c) resolution of disputes;
(d) disciplinary processes;
(e) enterprise bargaining where the workplace delegate has been appointed as a bargaining representative under section 176 of the Act or is assisting the delegate’s organisation with enterprise bargaining; and
(f) any process or procedure within an award, enterprise agreement or policy of the employer under which eligible employees are entitled to be represented and which concerns their industrial interests.
7A.6 Entitlement to reasonable communication
(a) A workplace delegate may communicate with eligible employees for the purpose of representing their industrial interests under clause 7A.5. This includes discussing membership of the delegate’s organisation and representation with eligible employees.
(b) A workplace delegate may communicate with eligible employees during working hours or work breaks, or before or after work.
7A.7 Entitlement to reasonable access to the workplace and workplace facilities
(a) The employer must provide a workplace delegate with access to or use of the following workplace facilities:
(i) a room or area to hold discussions that is fit for purpose, private and accessible by the workplace delegate and eligible employees;
(ii) a physical or electronic noticeboard;
(iii) electronic means of communication ordinarily used in the workplace by the employer to communicate with eligible employees and by eligible employees to communicate with each other, including access to Wi-Fi;
(iv) a lockable filing cabinet or other secure document storage area; and
(v) office facilities and equipment including printers, scanners and photocopiers.
(b) The employer is not required to provide access to or use of a workplace facility under clause 7A.7(a) if:
(i) the workplace does not have the facility;
(ii) due to operational requirements, it is impractical to provide access to or use of the facility at the time or in the manner it is sought; or
(iii) the employer does not have access to the facility at the enterprise and is unable to obtain access after taking reasonable steps.
7A.8 Entitlement to reasonable access to training
Unless the employer is a small business employer, the employer must provide a workplace delegate with access to up to 5 days of paid time during normal working hours for initial training and at least one day each subsequent year, to attend training related to representation of the industrial interests of eligible employees, subject to the following conditions:
(a) In each year commencing 1 July, the employer is not required to provide access to paid time for training to more than one workplace delegate per 50 eligible employees.
(b) The number of eligible employees will be determined on the day a delegate requests paid time to attend training, as the number of eligible employees who are:
(i) full-time or part-time employees; or
(ii) regular casual employees.
(c) Payment for a day of paid time during normal working hours is payment of the amount the workplace delegate would have been paid for the hours the workplace delegate would have been rostered or required to work on that day if the delegate had not been absent from work to attend the training.
(d) The workplace delegate must give the employer not less than 5 weeks’ notice (unless the employer and delegate agree to a shorter period of notice) of the dates, subject matter, the daily start and finish times of the training, and the name of the training provider.
(e) If requested by the employer, the workplace delegate must provide the employer with an outline of the training content.
(f) The employer must advise the workplace delegate not less than 2 weeks from the day on which the training is scheduled to commence, whether the workplace delegate’s access to paid time during normal working hours to attend the training has been approved. Such approval must not be unreasonably withheld.
(g) The workplace delegate must, within 7 days after the day on which the training ends, provide the employer with evidence that would satisfy a reasonable person of their attendance at the training.
7A.9 Exercise of entitlements under clause 7A
(a) A workplace delegate’s entitlements under clause 7A are subject to the conditions that the workplace delegate must, when exercising those entitlements:
(i) comply with their duties and obligations as an employee;
(ii) comply with the reasonable policies and procedures of the employer, including reasonable codes of conduct and requirements in relation to occupational health and safety and acceptable use of ICT resources;
(iii) not hinder, obstruct or prevent the normal performance of work; and
(iv) not hinder, obstruct or prevent eligible employees exercising their rights to freedom of association.
(b) Clause 7A does not require the employer to provide a workplace delegate with access to electronic means of communication in a way that provides individual contact details for eligible employees.
(c) Clause 7A does not require an eligible employee to be represented by a workplace delegate without the employee’s agreement.
NOTE: Under section 350A of the Act, the employer must not:
(a) unreasonably fail or refuse to deal with a workplace delegate; or
(b) knowingly or recklessly make a false or misleading representation to a workplace delegate; or
(c) unreasonably hinder, obstruct or prevent the exercise of the rights of a workplace delegate under the Act or clause 7A.
8.1 Consultation regarding major workplace change
(i) Where an employer has made a definite decision to introduce major changes in production, program, organisation, structure or technology that are likely to have significant effects on employees, the employer must notify the employees who may be affected by the proposed changes and their representatives, if any.
(ii) Significant effects include termination of employment; major changes in the composition, operation or size of the employer’s workforce or in the skills required; the elimination or diminution of job opportunities, promotion opportunities or job tenure; the alteration of hours of work; the need for retraining or transfer of employees to other work or locations; and the restructuring of jobs. Provided that where this award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.
(b) Employer to discuss change
(i) The employer must discuss with the employees affected and their representatives, if any, the introduction of the changes referred to in clause 8.1(a), the effects the changes are likely to have on employees and measures to avert or mitigate the adverse effects of such changes on employees and must give prompt consideration to matters raised by the employees and/or their representatives in relation to the changes.
(ii) The discussions must commence as early as practicable after a definite decision has been made by the employer to make the changes referred to in clause 8.1(a).
(iii) For the purposes of such discussion, the employer must provide in writing to the employees concerned and their representatives, if any, all relevant information about the changes including the nature of the changes proposed, the expected effects of the changes on employees and any other matters likely to affect employees provided that no employer is required to disclose confidential information the disclosure of which would be contrary to the employer’s interests.
8.2 Consultation about changes to rosters or hours of work
(a) Where an employer proposes to change an employee’s regular roster or ordinary hours of work, the employer must consult with the employee or employees affected and their representatives, if any, about the proposed change.
(b) The employer must:
(i) provide to the employee or employees affected and their representatives, if any, information about the proposed change (for example, information about the nature of the change to the employee’s regular roster or ordinary hours of work and when that change is proposed to commence);
(ii) invite the employee or employees affected and their representatives, if any, to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities); and
(iii) give consideration to any views about the impact of the proposed change that are given by the employee or employees concerned and/or their representatives.
(c) The requirement to consult under this clause does not apply where an employee has irregular, sporadic or unpredictable working hours.
(d) These provisions are to be read in conjunction with other award provisions concerning the scheduling of work and notice requirements.
9.1 In the event of a dispute about a matter under this award, or a dispute in relation to the NES, in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the employee or employees concerned and the relevant supervisor. If such discussions do not resolve the dispute, the parties will endeavour to resolve the dispute in a timely manner by discussions between the employee or employees concerned and more senior levels of management as appropriate.
9.2 If a dispute about a matter arising under this award or a dispute in relation to the NES is unable to be resolved at the workplace, and all appropriate steps under clause 9.1 have been taken, a party to the dispute may refer the dispute to the Fair Work Commission.
9.3 The parties may agree on the process to be utilised by the Fair Work Commission including mediation, conciliation and consent arbitration.
9.4 Where the matter in dispute remains unresolved, the Fair Work Commission may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.
9.5 An employer or employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause.
9.6 While the dispute resolution procedure is being conducted, work must continue in accordance with this award and the Act. Subject to applicable occupational health and safety legislation, an employee must not unreasonably fail to comply with a direction by the employer to perform work, whether at the same or another workplace, that is safe and appropriate for the employee to perform.
Part 3—Types of Employment and Termination of Employment
[Varied by PR733973, PR777391]
10.1 Employees under this award will be employed in one of the following categories:
(a) full-time employment;
(b) part-time employment;
(c) casual employment; or
(d) fixed term employment.
10.2 Terms of engagement
(a) On appointment, the employer will provide the employee with a letter of appointment stating, whether they are to be full-time, part-time or casual, the classification, rate of salary applicable on commencement and the teacher’s face-to-face teaching load.
(b) In the case of a part-time employee, the letter of appointment will include the teacher’s teaching load expressed as a percentage of a full-time teaching load in a preschool.
(c) Where the employer engages the employee on a fixed term basis, the letter of appointment will inform the employee of the reason the employment is fixed term, the date of commencement and the period of the employment.
(d) It is a condition of employment that on or after 30 September 2015 a teacher must hold a current registration with the Victorian Institute of Teaching.
10.3 Full-time employment
A full-time employee is an employee engaged to work an average of 38 ordinary hours per week.
(a) Teachers
(i) A part-time employee is an employee who is engaged to work on a regular basis for less than, but not more than 90% of, the hours of a full-time employee. If the hours of a part-time employee rise above 90%, the employee will be considered to be full-time.
(ii) A part-time employee is entitled to the benefits under this award on a pro rata basis. The pro rata basis will be calculated by dividing the number of hours for which the teacher is employed by 38 hours.
(iii) An employee (full-time or part-time) who requests to work above 90% of full‑time hours, but less than full-time, will not be considered to be full-time and will be remunerated for the actual hours worked.
(iv) An employer cannot vary a part-time teacher’s teaching load or days of attendance unless:
· the employee consents; or
· where such a variation is required as a result of a change in funding, enrolment or curriculum, the employer provides four weeks’ notice, or where the change would result in a reduction in salary, the salary of the teacher is maintained for a period of four weeks.
(b) Educators
(i) An employer may employ a part-time employee in any classification in this award.
(ii) A part-time employee is an employee who:
· works less than full-time hours of 38 per week;
· has reasonably predictable hours of work; and
· receives, on a pro rata basis, equivalent pay and conditions to those of full-time employees who do the same kind of work.
(iii) At the time of engagement the employer and the part-time employee will agree in writing on a regular pattern of work, specifying at least the hours worked each day, which days of the week the employee will work and the actual starting and finishing times each day.
(iv) Changes in the agreed regular pattern of work may only be made by agreement in writing between the employer and employee. Changes in the days to be worked or in starting and/or finishing times (whether on-going or ad hoc) may also be made by agreement in writing.
(v) Where agreement cannot be reached, the employer may change the days the employee is to work by giving seven days’ notice in advance of the change in accordance with clause 19.2(f)—Rostering.
(ix) A part-time employee employed under the provisions of this clause must be paid for the ordinary hours worked at the rate of 1/38th of the weekly rate prescribed in clause 14.5.
10.5 Casual employment
(a) Teachers
[10.5(a)(i) substituted by PR733973 from 27Sep21]
(i) A casual employee may be employed for a period of not more than five consecutive days.
(ii) A casual engagement may be extended by agreement between the teacher and the employer provided the total period of the engagement does not exceed one term in the case of teachers in a preschool or a total of 10 weeks in any other case.
(iii) The rates of pay for a casual teacher are contained in clause 14.4.
(b) Educators
[10.5(b)(i) varied by PR733973 from 27Sep21]
(i) A casual employee must be paid the hourly rate payable for a full-time employee for the relevant classification in clause 14.5 plus a casual loading of 25%.
[10.5(b)(ii) varied by PR733973 from 27Sep21]
(ii) A casual employee may only be engaged for temporary and relief purposes.
(iii) A casual employee will be paid a minimum of two hours pay for each engagement.
(iv) A casual employee may, by mutual agreement, be paid weekly or at the termination of each engagement.
(v) For work in excess of eight hours on any one day or shift or 38 hours in any one week, a casual employee will be paid in accordance with the penalties specified in clause 21—Overtime and penalty rates—Educators. Where a service operates for less than 48 weeks per year and the employee receives more than four weeks’ paid leave per year, the employee will accrue rostered days off to a maximum of seven days in any 12 months of consecutive employment. Any days accrued in excess of seven will be subsumed into the period of paid leave.
(c) Changes to casual employment status
[10.5(c) inserted by PR733973 ppc 27Sep21; renamed and substituted by PR777391 from 27Aug24]
A pathway for employees to change from casual employment to full-time or part-time employment is provided for in the NES. See sections 66A to 66MA of the Act.
NOTE: Disputes about changes to casual employment status may be dealt with under sections 66M and 66MA of the Act and/or under clause 9—Dispute resolution.
10.6 Fixed term employment
An employee may be employed for a fixed period of time for a period of at least five consecutive days on either a full-time or part-time basis to:
(a) undertake a specified project for which funding has been made available;
(b) undertake a specified task which has a limited period of operation; or
(c) replace an employee who is on leave, performing other duties temporarily or whose employment has terminated after the commencement of the preschool year.
11.1 Notice of termination is provided for in the NES. This clause of the award provides industry specific detail and supplements the NES that deals with termination of employment.
11.2 Notice of termination by an employer—teachers
The employment of an employee (other than a casual employee) will not be terminated without at least four weeks’ notice (inclusive of the notice required under the NES), or four preschool term weeks in the case of a preschool employee, or the payment of four weeks’ salary instead of notice. If the employee is over 45 years of age and has completed at least two years of service the NES notice period will apply.
11.3 Notice of termination by an employee
The notice of termination required to be given by an employee is the same as that required of an employer except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this award or the NES, an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee.
Where an employer has given notice of termination to an employee, an employee must be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer.
11.5 Exclusions
Employees who are excluded from coverage of the notice of termination provisions in the NES are also excluded from coverage of the notice of termination provisions in this award.
11.6 Statement of service—teachers
Upon the termination of employment of an employee (other than a casual employee) the employer will provide upon the request of the employee, a statement of service setting out the commencement and cessation dates of employment.
11.7 Termination of casual employment—teachers
On termination of casual employment, the employer will indicate on the employee’s service card the length of service with the employer. Upon request a casual employee will also be given a statement setting out the number of days of duty worked by the employee during the period of the engagement.
12.1 Redundancy pay is provided for in the NES. This clause of the award provides industry specific detail and supplements the NES which deals with redundancy.
12.2 Transfer to lower paid duties
Where an employee is transferred to lower paid duties by reason of redundancy, the same period of notice must be given as the employee would have been entitled to under the NES if the employment had been terminated and the employer may, at the employer’s option, make payment instead of an amount equal to the difference between the former ordinary time rate of pay and the new ordinary time rate for the number of weeks of notice still owing.
12.3 Employee leaving during notice period
An employee given notice of termination in circumstances of redundancy may terminate their employment during the NES period of notice. The employee is entitled to receive the benefits and payments they would have received under this clause had they remained in employment until the expiry of the notice, but is not entitled to payment instead of notice.
12.4 Job search entitlement
(a) An employee given notice of termination in circumstances of redundancy must be allowed up to one day’s time off without loss of pay during each week of NES notice for the purpose of seeking other employment.
(b) If the employee has been allowed paid leave for more than one day during the NES notice period for the purpose of seeking other employment, the employee must, at the request of the employer, produce proof of attendance at an interview or they will not be entitled to payment for the time absent. For this purpose a statutory declaration is sufficient.
(c) This entitlement applies instead of clause 11.4.
12.5 Interaction of this clause with clause 11—Termination of employment
Where the teacher’s employment is terminated on the grounds of redundancy, the employee will be entitled only to the greater of:
(a) notice of termination under clause 11.2 or 11.3; or
(b) notice of termination and severance payments under the NES.
12.6 Part-time employees
If a part-time employee’s hours are reduced, without their consent, by more than 25% they will be entitled to the provisions of this clause.
Part 4—Minimum Wages and Related Matters
13.1 Teachers
(a) Duties of an employee
The duties of a teacher may include in addition to teaching, activities associated with administration, review, development and delivery of educational programs and co‑curricular activities.
(b) Recognition of previous service
(i)
On appointment, an employee will be
classified and placed on the appropriate level on the salary scale in clause 14—Minimum salary, according to their
qualifications and teaching experience.
(ii) Service as a part-time teacher will normally accrue on a pro rata basis according to the percentage of a full-time teaching load undertaken in any year; provided that where the hours are more than 90% of a full-time load, service will count as a full-time year.
(iii) In the case of a casual employee, the equivalent of a full-time year of teaching service is 200 full casual days in Australian early childhood education services.
(iv) In the case of an early childhood/preschool teacher, the following will count as service:
· teaching experience in preschools, kindergartens, multi-purpose centres, early intervention services, long day care centre and other similar services;
· teaching experience of children from four to eight years (or in the infants department) of a school registered and/or accredited under the relevant authority in each state or territory;
· service as a lecturer in early childhood education or child development, as a child development officer or equivalent; and
· service as a diploma qualified childcare worker, at the rate of one year for every three years’ service up to a maximum of four years.
(c) Evidence of qualifications
(i) On engagement, the employer may require that the employee provide documentary evidence of qualifications and teaching experience. If an employer considers that the employee has not provided satisfactory evidence, and advises the employee in writing to this effect, then the employer may decline to recognise the relevant qualification or experience until such evidence is provided. Provided that the employer will not unreasonably refuse to recognise the qualifications or teaching experience of an employee.
(ii) Where an employee has completed further teaching experience with another employer (for example during unpaid leave) or additional qualifications after commencement of employment they will be entitled to be classified accordingly and back paid from the date of completion of the experience or qualifications, provided the employee provided satisfactory evidence to the employer within three months of completion. In all other cases the employee will be classified and paid from the date satisfactory evidence is provided.
(d) Progression
(i) An employee who is three year trained will commence on Level 1 of the salary scale in clause 14—Minimum salary and progress according to normal years of service to Level 12 of the scale.
(ii) An employee who is four year trained will commence on Level 3 of the salary scale in clause 14 and progress according to normal years of service to Level 12.
(iii) An employee who is five year trained will commence on Level 4 of the salary scale in clause 14 and progress according to normal years of service to Level 12 of the scale.
(iv) All other teachers and two year trained teachers as defined in clause 3.1 will commence on Level 1 of the salary scale in clause 14 and progress according to normal years of service to a maximum of Level 5.
13.2 Preschool field officers
(a) The duties of a preschool field officer may include to support access and participation of children with additional needs in early childhood education and/or intervention programs.
(b) Educators
The definitions of the classification levels in clause 14—Minimum salary are contained in Schedule A – Educator Classification Structure
14. Minimum salary
[Varied by PR592257, PR606476, PR707593, PR718968, PR729415, PR740840, PR762259, PR774044]
[14.1 varied by PR592257, PR606476, PR707593, PR718968, PR729415, PR740840, PR762259, PR774044 ppc 01Jul24]
The minimum salary per annum payable to a full-time employee will be determined in accordance with the provisions of clause 13—Classifications, and the following table.
|
Level |
Per year |
|
|
$ |
|
Teachers |
|
|
1 |
61,664 |
|
2 |
62,934 |
|
3 |
64,646 |
|
4 |
66,977 |
|
5 |
69,310 |
|
6 |
71,483 |
|
7 |
73,654 |
|
8 |
75,987 |
|
9 |
78,322 |
|
10 |
80,654 |
|
11 |
82,989 |
|
12 |
85,319 |
|
Preschool field officers |
|
|
1 |
86,598 |
14.2 The weekly rate of pay for an employee will be determined by dividing the annual rate by 52.18 and the fortnightly rate by dividing the annual rate by 26.09.
14.3 Part-time employee
A part-time employee will be paid pro rata, at the same rate as a full-time employee in the same classification, in accordance with the provisions of clause 10.4.
14.4 Casual teacher
(a) The salary payable to a casual employee will be:
(i) no higher than the salary at Level 8 in clause 14.1 where the employee is engaged for less than five consecutive days; or
(ii) where the employee is engaged for five or more consecutive days the salary will be the appropriate salary for the classification as specified in clause 13—Classifications, calculated in accordance with the table below:
|
Full day |
Weekly rate calculated in accordance with clause 14.2 divided by 5 plus 25% |
|
Half day |
Weekly rate calculated in accordance with clause 14.2 divided by 10 plus 25% |
|
Quarter day |
Weekly rate calculated in accordance with clause 14.2 divided by 20 plus 25% |
(i) a casual employee in a school will be paid for a minimum of half a day; where a day is the usual required attendance time for an employee at that school and a half day is half the usual required attendance time; and
(ii) a casual employee in a children’s service or early childhood education service may be paid for a minimum of a quarter day.
[14.5 varied by PR592257, PR606476, PR707593, PR718968, PR729415, PR740840, PR762259, PR774044 ppc 01Jul24]
The total minimum weekly rate of wages payable to persons employed pursuant to this award will be as set out in the following table.
|
Classification |
Minimum weekly rate |
Minimum hourly rate |
|
|
$ |
$ |
|
Educator (Unqualified) |
|
|
|
Level 1.1 On commencement |
910.90 |
23.97 |
|
Level 2.1 On commencement |
944.00 |
24.84 |
|
Level 2.2 After 1 year* |
975.00 |
25.66 |
|
Educator (Qualified) |
|
|
|
Level 3.1 On Commencement |
1032.30 |
27.17 |
|
Level 3.2 After 1 year* |
1067.90 |
28.10 |
|
Level 3.3 After 2 years* |
1101.50 |
28.99 |
|
Level 3.4 |
1162.40 |
30.59 |
|
Educator (Diploma) |
|
|
|
Level 4.1 On commencement |
1216.00 |
32.00 |
|
Level 4.2 After 1 year* |
1234.60 |
32.49 |
|
Level 4.3 After 2 years* |
1253.00 |
32.97 |
*Reference to a year of service is to service in the industry
14.6 Progression—educators
(i) competency at the existing level;
(ii) 12 months experience at that level (or in the case of employees employed for 19 hours or less per week, 24 months) and in-service training as required; and
(iii) demonstrated ability to acquire the skills necessary for advancement to the next pay point.
(b) Where an employee is deemed not to have met the requisite competency at their existing level at the time of the appraisal, progression may be deferred for a period of three months provided that:
(i) the employee is notified in writing of the reasons for the deferral;
(ii) the employee has, in the previous 12 months, been provided with the in‑service training required to attain a higher pay point; and
(iii) following any deferral, the employee is provided with the training necessary to advance to the next level.
(c) Where an appraisal has been deferred for operational reasons beyond the control of either party and the appraisal subsequently deems the employee to have met the requirements of clause 14.6(a), any increase in wages will be back paid to the 12 (or 24) month anniversary date of the previous progression.
(d) An employee whose progression has been refused or deferred may invoke the provisions of clause 9—Dispute resolution. If the resolution results in the advancement being granted, any increase in wages will be backdated to the relevant anniversary date.
(e) Junior employees
(i) Junior employees employed at Level 3 and 4 must be paid at the appropriate adult rate.
(ii) Junior employees employed at Level 1 or 2 will be paid no less than the following percentages of the corresponding Level 2 rate:
|
Age |
% of adult rate |
|
Under 17 years |
70 |
|
Under 18 years |
80 |
|
Under 19 years |
90 |
|
Under 20 years |
100 |
[Varied by PR592409, PR606625, PR704225, PR707808, PR719119, PR729593, PR740997, PR762425, PR774210]
15.1 Vehicle allowance
[15.1 varied by PR719119, PR740997, PR762425, PR774210 ppc 01Jul24]
Where an employer requests an employee to use their own motor vehicle in the performance of their duties the employee will be paid an allowance of $0.99 per kilometre in the case of a motor vehicle or $0.33 per kilometre in the case of a motorcycle.
15.2 Reimbursement of expenses
(a) All reasonable expenses incurred by an employee at the direction and prior approval of the employer, including out of pocket expenses, course fees and materials, telephones, accommodation, travelling expenses and the cost of special protective clothing, incurred in connection with the employee’s duties will be paid or reimbursed by the employer.
(b) The method and mode of travelling or the vehicle to be supplied or to be used will be arranged mutually between the employer and the employee. Travelling arrangements will be agreed between the employer and employee in advance.
(c) The employer will reimburse an employee for the cost of any special equipment purchased and supplied by the employee at the direction of the employer. However, reimbursement need not be made if the employer supplies such equipment.
(d) The employer may require the employee to present proof of payment prior to the reimbursement.
15.3 Educators
(a) Clothing and equipment allowance
(ii) Where an educator is required to launder any clothing referred to in clause 15.3(a)(i), the educator will be paid an allowance of $9.49 per week or $1.90 per day, or where the uniform does not require ironing, $5.98 per week or $1.20 per day.
(iii) Where an educator is required to wear protective clothing or equipment such as goggles, aprons or gloves, the employer will either supply such clothing or equipment or reimburse the educator for the cost of their purchase.
(b) Meal allowance
[15.3(b) varied by PR592409, PR606625, PR704225, PR707808, PR719119, PR729593, PR740997, PR762425, PR774210 ppc 01Jul24]
An educator required to work overtime for more than two hours without being notified on the previous day or earlier that they will be so required to work will either be supplied with a meal by the employer or paid an allowance of $15.09. No meal allowance is payable where an educator could reasonably return home for a meal within the period allowed.
(c) Higher duties
An employee engaged in duties carrying a higher rate than their ordinary classification for two or more consecutive hours within any shift or day will be paid for the time so worked at the higher rate provided that:
(i) the greater part of the time so worked is spent in performing duties carrying the higher rate;
(ii) an employee who is required to undertake the duties of another employee by reason of the latter employee’s absence for the purpose of attending (with pay) an approved training course (including in-service training) will not be entitled to payment under this clause.
For the purposes of this clause, the duties of an employee will be determined by reference to this award and the employee’s job description.
15.4 Adjustment of expense related allowances
At the time of any adjustment to the standard rate, each expense-related allowance will be increased by the relevant adjustment factor. The relevant adjustment factor for this purpose is the percentage movement in the applicable index figure most recently published by the Australian Bureau of Statistics since the allowance was last adjusted.
The applicable index figure published by the Australian Bureau of Statistics for the Eight Capitals Consumer Price Index (Cat No. 6401.0), as follows:
|
Allowance |
Applicable Consumer Price Index figure |
|
Clothing and equipment allowance |
Clothing and footwear group |
|
Excess fares allowance |
Transport group |
|
Meal allowance |
Take away and fast foods sub-group |
|
Vehicle allowance |
Private motoring sub-group |
16.1 Where an employee becomes entitled to weekly compensation payments pursuant to the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) (the WIRC Act), the employer will pay to the employee an amount equivalent to the difference between:
(a) The level of weekly compensation and any weekly wages earned or able to be earned if partially incapacitated, and
(b) The amount that would have been payable under this award for the classification of work if the employee had been performing their normal duties, provided that such rate shall exclude additional remuneration by way of shift premiums, overtime payments, special rates or other similar payments.
16.2 Accident pay shall not apply in respect of any injury during the first five normal working days of incapacity.
16.3 Accident pay shall not apply to any incapacity occurring during the first two weeks of employment, unless such incapacity continues beyond the first two weeks.
16.4 Industrial diseases contracted by a gradual process or injuries subject to recurrence, aggravation or acceleration shall not be subject to the accident pay unless the employee has been employed with the employer at the time of the incapacity for a minimum period of one month.
16.5 The maximum period or aggregate of periods of accident pay to be made by an employer shall be a total of 39 weeks for any one injury.
16.6 Where an employee receives a weekly payment under this clause and subsequently such payment is reduced pursuant to the WIRC Act, such reduction will not increase the liability of the employer to increase the amount of accident pay in respect of the injury.
17.1 All monies payable will be paid:
(a) once each fortnight; or
(b) once every four weeks at the end of the first fortnight including payment for two weeks in arrears and two weeks in advance; or
(c) once every month with the payment being made as nearly as possible on the middle of each month including one half month in arrears and one half month in advance.
17.2 An employer may elect to pay wages and allowances by cash, cheque or direct transfer. Where monies are paid by direct transfer, the employee has the right to nominate the financial institution and the account.
18.1 Superannuation legislation
[18.1 substituted by PR771427 ppc 09Apr24]
(a) The NES and Superannuation legislation, including the Superannuation Guarantee (Administration) Act 1992 (Cth), the Superannuation Guarantee Charge Act 1992 (Cth), the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth), deal with the superannuation rights and obligations of employers and employees.
(b) The rights and obligations in clause 18 supplement those in superannuation legislation and the NES.
NOTE: Under superannuation legislation:
(a) Individual employees generally have the opportunity to choose their own superannuation fund.
(b) If a new employee does not choose a superannuation fund, the employer must ask the Australian Taxation Office (ATO) whether the employee is an existing member of a stapled superannuation fund and, if stapled fund details are provided by the ATO, make contributions to the stapled fund.
(c) If an employee does not choose a superannuation fund and does not have a stapled fund, the choice of superannuation fund requirements will be satisfied by contributions made to a superannuation fund nominated in the award covering the employee, provided the fund is able to accept contributions for the benefit of the employee.
(d) A fund may not be able to accept contributions for the benefit of an employee if the employee would be a new member of the fund’s MySuper product and the MySuper product is closed to new members because it has failed the performance tests of Australian Prudential Regulation Authority (APRA) for 2 consecutive years.
An employer must make such superannuation contributions to a superannuation fund for the benefit of an employee as will avoid the employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that employee.
18.3 Voluntary employee contributions
(c) The employer must pay the amount authorised under clauses 18.3(a) and 18.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 18.3(a) or 18.3(b) was made.
18.4 Superannuation fund
[18.4 varied by PR771427 ppc 09Apr24]
Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 18.2 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 18.2 and pay any amount authorised under clauses 18.3(a) or 18.3(b) to one of the following superannuation funds or its successor, provided that, in respect of new employees, the fund is able to accept new beneficiaries:
(a) Vision Super;
(b) Any superannuation fund to which the employer was making superannuation contributions for the benefit of its employees before 12 September 2008, provided the superannuation fund is an eligible choice fund and is a fund that offers a MySuper product or is an exempt public sector scheme; or;
(c) a superannuation fund or scheme which the employee is a defined benefit member of.
Part 5—Hours of Work and Related Matters
This clause of the award provides for industry specific detail and supplements the NES that deals with maximum weekly hours.
19.1 Teachers
(a) Notwithstanding the NES, and due to the operational requirements of employers in the industry, the ordinary hours of an employee under this award may be averaged over a 12 month period.
(d) The following circumstances are not included when calculating the 205 employee attendance days:
· exceptional circumstances, such as the requirement to provide pastoral care to students in the event of a tragedy in the preschool community, in which an employee may be recalled to perform duties relating to their position.
19.2 Educators
(b) Ordinary hours will be worked in periods not exceeding eight hours, in unbroken periods save for meal breaks, between Monday and Friday. Subject to the provisions of clause 7—Award flexibility, by agreement between an employer and an educator, an educator may be rostered to work up to a maximum of 10 hours in any one day.
(d) Rostered time off for full-time employees
(i) The method of rostering the 38 hour week may be by any of the following:
· by employees working less than eight ordinary hours per day;
· by employees working less than eight ordinary hours on one or more days each week;
· by rostering employees off on various days of the week during the work cycle; or
· by accumulating rostered days off with a maximum of five such days being taken consecutively at times mutually convenient to the employer and the employee.
(ii) In the absence of agreement at a workplace in respect to rostering of the 38 hour week the provisions of clause 9—Dispute resolution will apply.
(e) Non-contact time
An employee responsible for the preparation, implementation and/or evaluation of a developmental program for an individual child or group of children or other relevant duties will be entitled to a period of up to six hours per week, during which the employee is not required to supervise children or perform other duties directed by the employer, for the purpose of planning, preparing, evaluating and programming activities.
(i) An employer will post a legible roster at a place readily accessible to employees indicating the rostered hours of work.
(ii) An employer may change an employee’s rostered hours, but only by giving the employee seven days’ notice. In the absence of such notice overtime will be paid until seven days have elapsed from the date the notice was given. However, an employee and employer may agree to waive or shorten this notice period in a particular case. Such agreement must be recorded in writing and form part of the time and wages records.
(iv) However, where an employee is required to stay beyond their rostered hours because a parent fails to arrive on time to collect a child, this will not be regarded as an emergency. In this circumstance, the employer must pay the employee at overtime rates for the additional time the employee remains at the workplace.
(v) An employee may be transferred from one location to another within their rostered hours at the direction of the employer. An employee transferring from one location to another during a shift will be paid for the time taken to travel from one location to the other.
(vi) Where an employee is required to permanently transfer to another location (other than by mutual agreement) they must be given seven days’ notice of the change or paid overtime until seven days have transpired from the date notice was given.
(g) Make-up time
An employee may elect, with the consent of their employer, to work make-up time under which the employee takes time off during ordinary hours and works those hours at a later time during the ordinary spread of hours provided for in clause 19.2(c) at the ordinary rate of pay.
(h) Hours of work—preschools and kindergartens
(i) An employee in a preschool or kindergarten may be employed as a term-time employee to work:
· only the preschool education weeks of the year as defined;
· an average of 38 ordinary hours per week of the preschool education year; or
· less than an average of 38 hours per week of the preschool education year.
(iii) Notwithstanding clause 19.2(h)(ii) non-engaged periods count as service for the purposes of accrual of paid annual and personal/carer’s leave and wage increments.
(iv) Where a public holiday falls on a day on which a term-time employee is normally employed to work, the employee will be paid at the ordinary hourly rate of pay for the number of hours they would ordinarily have worked on that day.
(v) Annual leave is exclusive of any public holiday which may occur during the period of leave provided the employee would have ordinarily been required to work on the day on which the public holiday falls.
(vi) Nothing in this clause prevents an employee in a preschool or kindergarten from being employed other than as a term-time only employee.
(vii) The making of this award is not intended to prevent other arrangements for staff, who are not required to work during non-term weeks, to be agreed between the employer and majority of employees in a preschool or kindergarten.
19.3 All employees
(a) Attendance at court
Where it is necessary for an employee to attend court on the employer’s, or the employer’s clients, behalf in connection with any matter arising out of or in connection with their employment, the time taken will count as time worked.
(b) Saturday Work—teachers
Work ordinarily performed on a Saturday shall be paid for at the rate of time and one half for the first three hours and double time thereafter.
19A. Employee right to disconnect
[19A inserted by PR778134 from 26Aug24]
19A.1 Clause 19A provides for the exercise of an employee’s right to disconnect under section 333M of the Act.
NOTE:
(a) Section 333M provides that, unless it is unreasonable to do so, an employee may refuse to monitor, read or respond to contact, or attempted contact, from:
(1) their employer outside of the employee’s working hours,
(2) a third party if the contact or attempted contact relates to, their work and is outside of the employee's working hours.
(b) Section 333M(3) lists matters that must be taken into account in determining whether an employee’s refusal is unreasonable.
(c) Section 333M(5) provides that an employee’s refusal will be unreasonable if the contact or attempted contact is required under a law of the Commonwealth, a State or a Territory.
(d) Section 333N provides for the resolution of disputes about whether an employee’s refusal is unreasonable and about the operation of section 333M.
(e) The general protections in Part 3–1 of the Act prohibit an employer taking adverse action against an employee because of the employee’s right to disconnect under section 333M of the Act.
19A.2 Clause 19A applies from the following dates:
(a) 26 August 2024—for employers that are not small business employers on this date and their employees.
(b) 26 August 2025—for employers that are small business employers on 26 August 2024 and their employees.
19A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.
19A.4 Clause 19A.3 does not prevent an employer from contacting, or attempting to contact, an employee outside of the employee’s working hours in circumstances including to notify them of an emergency roster change under clause 10.4(b)(vi) or 19.2(f)(iii).
20.1 Teachers
(a) An employee will be entitled to an unpaid meal break of 30 consecutive minutes no later than five hours after commencing work.
(b) Where a teacher employed in an early childhood service is required to remain on the premises during the meal break they will be entitled to a paid meal break of no more than 30 minutes, and no less than 20 minutes no later than five hours after commencing work.
20.2 Educators
(a) Meal breaks
(ii) A meal break must be uninterrupted. Where there is an interruption to the meal break and this is occasioned by the employer, overtime will be paid until an uninterrupted break is taken. The minimum overtime payment will be as for 15 minutes with any time in excess of 15 minutes being paid in minimum blocks of 15 minutes.
(iii) Notwithstanding clause 20.2(a)(i), where an employee is required to remain on the employer’s premises, the employee will be entitled to a paid meal break of not less than 20 minutes or more than 30 minutes. This paid meal break is to be counted as time worked. By agreement with the employer an employee may leave the premises during the meal break, however, such time away from the premises will not be counted as time worked and nor will any payment be made for such time.
(b) Rest pauses
(i) An employee working four hours or more on any engagement will be entitled to a paid rest period of 10 minutes.
(ii) Provided that an employee working for seven hours or more will be entitled to two such paid rest periods of 10 minutes each unless the employee agrees to forego one of these rest periods.
(iii) All rest periods must be uninterrupted.
(c) Breaks between work periods
(i) All employees will be entitled to a 10 hour rest period between the completion of work on one day and the commencement of work on the next. Work includes any reasonable additional hours or overtime.
(ii) Where an employee recommences work without having had 10 hours off work the employee will be paid at overtime rates until such time as they are released from duty for a period of 10 consecutive hours without loss of pay for ordinary time hours occurring during the period of such absence.
(iii) By agreement between an employer and an employee the period of 10 hours may be reduced to not less than eight hours.
21. Overtime and penalty rates—educators
21.1 Entitlement to overtime rates
(a) A full-time employee is paid at overtime rates for any work performed outside of their ordinary hours of work.
(b) A part-time employee is paid at overtime rates in the circumstances specified in clause 10.4(b)(viii).
(c) A casual employee is paid at overtime rates in the circumstances specified in clause 10.5(b)(v).
21.2 Overtime rates
(a) Overtime will be paid at the rate of time and a half for the first two hours and double time thereafter. In calculating overtime, each day’s work will stand alone.
(b) Where, due to a genuine and pressing emergency situation, an employee is required to remain at work after their normal finishing time such time will be paid at the ordinary rate for the employee’s classification. Provided that such emergency overtime does not exceed one hour per week. For the purposes of this subclause an emergency situation may include a natural disaster affecting a parent, another employee or the centre/service, the death of a child or parent, or a child requiring urgent hospitalisation or medical attention.
(c) Time off instead of payment for overtime
An employee and an employer may agree that an employee will be provided with time off instead of being paid an overtime payment for all authorised work performed outside of or in excess of the ordinary or rostered hours subject to the following:
(i) any periods of time off in ordinary hours will equate to the relevant period of overtime worked;
(iii) notwithstanding clause 21.221.2(c)(ii), by agreement between the employee and the employer, time off instead of payment for overtime may be accrued and taken as part of annual leave.
21.3 Shiftwork
(a) Despite the provisions of clauses 19.1(e), 19.2(b) and 19.2(c), employees may be employed as shiftworkers.
(b) The ordinary hours inclusive of meal breaks for shiftworkers will not, without payment of overtime, exceed an average of 38 hours per week to be worked over a one, two or four week cycle.
(c) The following allowances will be paid for shiftwork:
|
Shift |
% loading |
|
Early morning |
10 |
|
Afternoon |
15 |
|
Night shift, rotating with day or afternoon |
17.5 |
|
Night shift, non-rotating |
30 |
(d) Definitions
(i) Early morning shift means any shift commencing at or after 5.00 am and before 6.00 am.
(ii) Afternoon shift means any shift finishing after 6.30 pm and at or before midnight.
(iii) Night shift means any shift finishing after midnight and at or before 8.00 am or any shift commencing at or before midnight and finishing before 5.00 am.
(iv) Night shift, non-rotating means any night shift system in which night shifts do not rotate or alternate with another shift so as to give the employee at least one third of their working time off night shift in each roster cycle.
21.4 Weekend and public holiday work
(a) Overtime on a Saturday will be paid at the rate of time and a half for the first two hours and double time thereafter.
(b) Provided that shiftworkers required to work ordinary hours on a Saturday will be paid at the rate of time and a half for all hours worked. Overtime worked on a Saturday by shiftworkers will be paid at time and a half for the first two hours and double time thereafter.
(c) All time worked on a Sunday will be paid at the rate of double time.
(d) All time worked on a public holiday will be paid at the rate of double time and a half. Where both a public holiday and a substitute day are worked, public holiday penalties are payable for only one of those days, at the election of the employee.
(e) Employees working on a Saturday, Sunday or public holiday will receive a minimum payment of four hours pay.
Part 6- Leave and Public Holidays
22.1 Teachers
(a) Annual leave is provided for in the NES. This clause of the award provides industry specific details and supplements the NES which deals with annual leave.
(b) An employee must take annual leave during non-term weeks. Leave must generally be taken, in the case of an employee whose employment with the employer is continuing into the next preschool year, in the four-week period immediately following the final term week of the current preschool year, unless otherwise agreed with the employer.
(c) An employee may take annual leave re-credited in accordance with the NES only during non-term weeks as directed by the employer.
22.2 Educators and preschool field officers
(a) Annual leave is provided for in the NES.
(b) For the purposes of the additional week of leave provided by the NES, a shiftworker is an employee on shiftwork who is required to work in accordance with a roster on Sundays and public holidays.
22.3 Taking annual leave
(b) During the Christmas vacation only, an employee may be directed to take annual leave. An employee without sufficient accrued leave to maintain their ordinary rate of pay during the vacation period may be required to take leave without pay for a maximum of four weeks.
(c) Notwithstanding clause 22.3(a) in establishments which operate for more than 48 weeks per year, an employer may require an employee to take annual leave by giving at least four weeks’ notice in the following circumstances:
(i) as part of a close-down of its operations; or
(ii) where an employee has accrued more than eight weeks’ leave.
22.4 Paid leave in advance of accrued entitlement
An employer may allow an employee to take annual leave either wholly or partly in advance before the leave has accrued. Where such leave is paid in advance and the employee leaves the employment before completing the service necessary to account for the leave provided, the employer may deduct the amount of leave paid in advance from any termination payments owing to the employee. No leave loading will be payable in respect of leave taken in advance of accrual.
23. Pro rata payment of salary inclusive of annual leave—teachers
23.1 This clause of the award provides industry specific detail and incorporates the NES entitlement with respect to annual leave.
23.2 The provisions of this clause will apply:
(a) in the calculation of payment in regard to pro rata salary where an employee’s employment ceases; or
(b) in the calculation of payment in regard to pro rata salary if:
(i) an employee commenced employment after the preschool service date;
(ii) an employee has taken leave without pay of more than two term weeks since the preschool service date; or
(iii) the hours which an employee has worked at preschool have varied since the preschool service date.
|
P |
= |
s x c |
– |
d |
|
|
|
|
|
b |
|
|
|
|
|
P
|
is the payment due |
|||||
|
s |
is the total salary paid in respect of term weeks, or part thereof, since the school or preschool service date or the date of employment in circumstances where the employee has been employed by the employer since the preschool service date. |
|||||
|
b |
is the number of term weeks, or part thereof in the preschool year |
|||||
|
c |
is the number of non-term weeks, or part thereof, in the preschool year |
|||||
|
d |
is the salary paid in respect of non-term weeks, or part thereof, that have occurred since the preschool service date or date of employment in circumstances where the employee has been employed by the employer since the preschool service date |
|||||
23.4 For the purpose of this clause:
(a) preschool service date means the date from which employees are paid at the commencement of the preschool year in their first year of service with the employer; and
(b) employee means an employee other than a casual employee.
23.5 The formula in clause 23.3 is intended to be used to calculate the pro rata salary inclusive of annual leave owing to an employee in respect of the preschool year in which the formula is applied.
23.6 Termination of employment
An employee will be entitled on termination of employment to a payment calculated in accordance with this clause.
23.7 Employees who commence employment after the commencement of the preschool year
An employee who commences employment after the usual date of commencement at a preschool in any preschool year, will be paid from the date the employee commences, provided that at the end of the last preschool term or final semester in that year, the employee must be paid an amount calculated pursuant to clause 23.5 and will receive no salary or other payment other than payment under this clause until the preschool service date or the resumption of Term 1 or first semester in the following preschool year.
23.8 Employees who take approved leave without pay
Where an employee takes leave without pay with the approval of the employer for a period which (in total) exceeds more than two term weeks in any year, the employee will be paid a salary calculated in accordance with this clause as follows:
(a) if the leave without pay commences and concludes in the same preschool year, the payment will be calculated and made at the conclusion of the last preschool term or final semester in that year; and
(b) if the leave without pay is to conclude in a preschool year following the preschool year in which the leave commenced:
(i) at the commencement of the leave, a payment will be calculated and made in respect of the preschool year in which the leave commences; or
(ii) at the end of the last preschool term or final semester in that year in which the leave concludes, a payment will be calculated and made in respect of that preschool year.
If the employee returns early from leave any payment under clause 23.8(b)(i) will be taken into account in calculating the amount owed
24.1 Teachers
(a) This clause of the award provides for industry specific detail and supplements the NES which deals with annual leave.
(i) at the time that the employee is paid annual leave or pro rata annual leave; or
(ii) on the termination of employment by either party.
(c) Leave loading is to be calculated using the following formula:
|
[Weekly salary x 4 x 17.5%] x term weeks worked by the employee in that preschool year |
|
Total term weeks in that school year |
|
|
For example, in the case of an employee with a weekly salary of $1000 on termination of employment (or at the end of the final term week in the preschool year) who was employed at the school for 20 of the 38 term weeks in that preschool year, the calculation will be as follows:
$1000 x 4 x 17.5% = $700
$700 x 20/38 = $368.42
(d) Notwithstanding clauses 24.1(b) and 24.1(c), an employer may pay annual leave loading to the employee with each salary payment throughout the preschool year by increasing the annual rate of pay as at the commencement of the preschool year, or as subsequently varied, by 1.342%. Where an employer elects to pay leave loading with each salary payment throughout the preschool year, the employer will advise the employee in their letter of appointment.
24.2 Educators
In addition to the payment provided for by the NES an employer is required to pay leave loading of 17.5% of that payment.
25. Personal/carer’s leave and compassionate leave
Personal/carer’s leave and compassionate leave are provided for in the NES, except that a teacher or a preschool field officer will be entitled to 15 days of personal/carer’s leave in each year.
Community service leave is provided for in the NES.
27.1 Public holidays are provided for in the NES.
27.2 Teachers
(a) Substitution of public holidays
An employer may substitute a public holiday or part holiday for another day or part day to be taken during term weeks in the preschool year.
27.3 Educators
(a) By agreement between the employer and the majority of employees in the relevant workplace an alternative day may be taken as the public holiday instead of any of the days prescribed by the NES.
(b) Additional arrangements for full-time employees
(i) A full-time employee whose rostered day off falls on a public holiday must, subject to clause 27.3(a), either:
· be paid an extra day’s pay;
· be provided with an alternative day off within 28 days; or
· receive an additional day’s annual leave.
(ii) A full-time employee who works on a public holiday is entitled to a substitute day as provided for in the NES.
27.4 Other leave—teachers
(a) Leave to attend examinations
Employees attending examinations appropriate to their profession shall be granted leave of absence, with pay, for the time required for this purpose. Where an employee is to attend an afternoon examination, leave will be granted for the whole of the day.
(b) Leave for the conferring of degrees and diplomas
Employees shall be granted leave of absence with pay for the conferring on them of degrees or diplomas relevant to their profession.
Schedule A—Educator Classification Structure
All employees will be classified by the employer into one of the levels contained in this Schedule in accordance with the employee’s skills, responsibilities, qualifications, experience in the industry and duties.
Progression within a level is subject to the provisions of clause 14.6.
Employees moving from one classification level to another will commence on the 1st year of service rate of the higher level.
A.1 Educators
A.1.1 Level 1 (Unqualified)
This is an employee who has no formal qualifications but is able to perform work within the scope of this level. The employee will work under direct supervision in a team environment and will receive guidance and direction at all times. The employee will receive structured and regular on-the-job training to perform the duties expected at this level. Normally an employee at this level will not be left alone with a group of children.
(a) Indicative duties
· Learning and implementing the policies, procedures and routines of the service.
· Learning how to establish relationships and interact with children.
· Learning the basic skills required to work in this environment with children.
· Giving each child individual attention and comfort as required.
· Basic duties including food preparation, cleaning and gardening.
(b) Progression
A Level 1 employee will progress to the next level after a period of one year or earlier if the employer considers the employee capable of performing the work at the next level or if the employee actually performs work at the next level.
A.1.2 Level 2 (Unqualified)
This is an employee who has completed 12 months in Level 1, or a relevant AQF Certificate II, or in the opinion of the employer has sufficient knowledge and experience to perform the work within the scope of this level. An employee at this level has limited knowledge and experience in children’s services and is expected to take limited responsibility for their own work.
(a) Indicative duties
· Assist in the implementation of the children’s program under supervision.
· Assist in the implementation of daily care routines.
· Develop awareness of and assist in maintenance of the health and safety of the children in care.
· Give each child individual attention and comfort as required.
· Understand and work according to the centre or service’s policies and procedures.
· Demonstrate knowledge of hygienic handling of food and equipment.
A.1.3 Level 3 (Qualified)
This is an employee who has completed AQF Certificate III in Children’s Services or an equivalent qualification or, alternatively, this employee will possess, in the opinion of the employer, sufficient knowledge or experience to perform the duties at this level. An employee appointed at this level will also undertake the same duties and perform the same tasks as a Level 2.
(a) Indicative duties
· Assist in the preparation, implementation and evaluation of developmentally appropriate programs for individual children or groups.
· Record observations of individual children or groups for program planning purposes for qualified staff.
· Under direction, work with individual children with particular needs.
· Assist in the direction of untrained staff.
· Undertake and implement the requirements of quality assurance.
· Work in accordance with food safety regulations.
(b) Progression
Subject to this award, an employee at this level is entitled to progression to Level 3.3. An employee at this level who has completed an AQF Diploma in Children’s Services or equivalent, and who demonstrates the application of skills and knowledge acquired beyond the competencies required for AQF Certificate III in the ongoing performance of their work, must be paid no less than the rate prescribed for Level 3.4.
Any dispute concerning an employee’s entitlement to be paid at Level 3.4 may be dealt with in accordance with clause 9—Dispute resolution, which may require the employee to demonstrate that they utilise skills and knowledge above those prescribed for Level 3 but below those prescribed for Level 4.
A.1.4 Level 4 (Diploma Qualified)
This is an employee who has completed a Diploma in Children’s Services or equivalent (e.g. Certificate IV in Out of School Hours Care) as recognised by licensing authorities and is appointed as the person in charge of a group of children in the age range from birth to 12 years
An employee at this level will also take on the same duties and perform the same tasks as a Level 3.
(a) Indicative duties
· Responsible, in consultation with the Assistant Director/Director for the preparation, implementation and evaluation of a developmentally appropriate program for individual children or groups.
· Responsible to the Assistant Director/Director for the supervision of students on placement.
· Responsible for ensuring a safe environment is maintained for both staff and children.
· Responsible for ensuring that records are maintained accurately for each child in their care.
· Develop, implement and evaluate daily care routines.
· Ensure that the centre or service’s policies and procedures are adhered to.
· Liaise with families.
Schedule B—Supported Wage System
[Varied by PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969, PR774051]
B.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.
B.2 In this schedule:
approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system
assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system
disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991 (Cth), as amended from time to time, or any successor to that scheme
relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged
supported wage system (SWS) means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability, as documented in the Supported Wage System Handbook. The Handbook is available from the following website: www.jobaccess.gov.au
SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate
B.3 Eligibility criteria
B.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award, because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.
B.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.
B.4 Supported wage rates
B.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:
|
Assessed capacity (clause B.5) % |
Relevant minimum wage % |
|
10 |
10 |
|
20 |
20 |
|
30 |
30 |
|
40 |
40 |
|
50 |
50 |
|
60 |
60 |
|
70 |
70 |
|
80 |
80 |
|
90 |
90 |
[B.4.2 varied by PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
B.4.2 Provided that the minimum amount payable must be not less than $106 per week.
B.4.3 Where an employee’s assessed capacity is 10%, they must receive a high degree of assistance and support.
B.5.1 For the purpose of establishing the percentage of the relevant minimum wage, the productive capacity of the employee will be assessed in accordance with the Supported Wage System by an approved assessor, having consulted the employer and employee and, if the employee so desires, a union which the employee is eligible to join.
B.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement, and retained by the employer as a time and wages record in accordance with the Act.
B.6 Lodgement of SWS wage assessment agreement
B.6.1 All SWS wage assessment agreements under the conditions of this schedule, including the appropriate percentage of the relevant minimum wage to be paid to the employee, must be lodged by the employer with the Fair Work Commission.
B.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment, the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.
B.7 Review of assessment
The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the supported wage system.
B.8 Other terms and conditions of employment
Where an assessment has been made, the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.
B.9 Workplace adjustment
An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties, working time arrangements and work organisation in consultation with other workers in the area.
B.10 Trial period
B.10.1 In order for an adequate assessment of the employee’s capacity to be made, an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.
B.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.
[B.10.3 varied by PR592689, PR606630, PR709080, PR719661, PR729672, PR742256, PR762969, PR774051 ppc 01Jul24]
B.10.3 The minimum amount payable to the employee during the trial period must be no less than $106 per week.
B.10.4 Work trials should include induction or training as appropriate to the job being trialled.
B.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period, a further contract of employment will be entered into based on the outcome of assessment under clause B.5.
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