FWO - external award viewer · Library

2.2 The monetary obligations imposed on an Employer by this award may be absorbed into over award payments. Nothing in this award requires an Employer to maintain or increase any over award payment.

2.3 The making of this award is not 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, the Fair Work Commission may make any order it considers appropriate to remedy the situation.

3. Definitions and interpretation

[Varied by PR733971, PR774883, PR777393]

3.1 In this award, unless the contrary intention appears:

Act means the Fair Work Act 2009 (Cth)

[Definition of casual employee inserted by PR733971 from 27Sep21; varied by PR777393 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.

commencement date means the date specified in clause 2.1

early childhood educator means a person employed by an Employer to provide education in a kindergarten or pre-school program, but does not include out of school hours or holiday programs or similar services

early childhood service means a kindergarten or pre-school program established by a school council under Part 2.3, Division 6 of the Education and Training Reform Act 2006 (Vic), but does not include an out of school hours or holiday program or similar service

early childhood teacher means a person employed by an Employer to plan and deliver an education program to children in a kindergarten or pre-school program, but does not include an out of school hours or holiday program or similar service

Employee means a person employed by an Employer in a Victorian Government School under Part 2.3, Division 4 of the Education and Training Reform Act 2006 (Vic) in an early childhood service, other than a person who is excluded from the scope of this award by clause 4.2

[Definition of employee organisation inserted by PR774883 from 01Jul24]

employee organisation has the meaning given by section 12 of Act.

Employer means a school council established under Part 2.3, Division 2 of the Education and Training Reform Act 2006 (Vic), which is a State reference public sector employer, insofar as it employs persons covered by this award

[Definition of enterprise inserted by PR774883 from 01Jul24]

enterprise has the meaning given by section 12 of the Act.

NES means the National Employment Standards as contained in sections 59 to 118, and 123 to 131 of the Act, as they apply subject to s.30H of the Act

Predecessor awards means the:

(a) Early Childhood Teachers Interim Award 1999; and

(b) Educational Services—Early Childhood Assistants—Victoria—Award 1999

salary means the wage or salary rate, including all on-going progression payments, which an Employee receives in the normal course of his or her duty; provided that Salary does not include any payment for overtime, shiftwork, standby, travelling allowance, incidental expenses or any payment of a temporary character

[Definition of small business employer inserted by PR774883 from 01Jul24]

small business employer has the meaning given by section 23 of the Act.

standard rate means salary sub-division 1 Early Childhood Teacher, Category A in Schedule A

Transitional Act means the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

Victorian Referral means the Fair Work (Commonwealth Powers) Act 2009 (Vic), or such other Act of the Victorian Parliament which replaces that Act, as amended from time to time

[Definition of workplace delegate inserted by PR774883 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. Coverage

4.1 This State reference public sector modern award covers, to the exclusion of any other award (including any other State reference public sector modern award):

(a) the Employers, in respect of their employment of the Employees; and

(b) the Employees, in respect of each Employee's employment by an Employer.

4.2 The award does not cover:

(a) principals and assistant principals of Victorian Government schools;

(b) members of the Victorian Government Teaching Service employed under Part 2.4, Division 2 of the Education and Training Reform Act 2006 (Vic);

(c) any other classes of employees who, because of the nature or seniority of their role, have traditionally not been covered by awards (whether made under laws of the Commonwealth or the States);

(d) employees who are covered by:

(i) a modern enterprise award, or an enterprise instrument (within the meaning of the Transitional Act);

(ii) any other State reference public sector modern award;

(iii) a State reference public sector transitional award (within the meaning of the Transitional Act) other than the Predecessor awards;

(e) any person whose employment or engagement is covered by any of the exclusions contained in paragraphs 5(1)(c)–(g) of the Victorian Referral; or

(f) the Employers in relation to the employees referred to in paragraphs 4.2(a) to (e) above.

5. Access to the Award and the National Employment Standards

The Employers 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.

6. The National Employment Standards and this Award

6.1 The NES and this award contain the minimum conditions of employment for Employees covered by this award.

6.2 Both the NES and this award only apply to the extent that legislative power in relation to a particular matter is referred to the Commonwealth Parliament by the Victorian Referral.

7. Award flexibility

7.1 Notwithstanding any other provision of this award, an Employer and an individual Employee may agree to vary the application of certain terms of this award to meet the genuine individual needs of the Employer and the individual Employee. The terms an Employer and an individual Employee may agree to vary the application of are those concerning:

(a) arrangements about when work is performed;

(b) overtime rates;

(c) penalty rates;

(d) allowances;

(e) leave loading.

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 an Employer and an 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

(b) result in the Employee being better off overall at the time the agreement is made than the Employee would have been if no individual flexibility agreement had been agreed to.

7.4 An Employer must ensure that the individual flexibility arrangement:

(a) is in writing;

(b) includes the name of the Employer and Employee;

(c) is signed by the Employer and Employee and if the Employee is under 18 years of age, signed by a parent or guardian of the Employee;

(d) includes details of:

(i) the terms of the Award that will be varied by the arrangement;

(ii) how the arrangement will vary the effect of the terms;

(iii) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement; and

(e) states the day on which the arrangement commences.

7.5 An Employer must give the 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(c) the agreement must not require the approval or consent of a person other than an Employer and an Employee.

7.7 The 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:

(a) by the Employer or the Employee giving 13 weeks’ notice of termination, in writing, to the other party and the agreement ceasing to operate at the end of the notice period; or

(b) at any time, by written agreement between the Employer and the 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 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 the 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 PR774883 from 01Jul24]

7A. Workplace delegates’ rights

[7A inserted by PR774883 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. Consultation regarding major workplace change

8.1 Employer to notify

(a) Where the 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.

(b) Significant effects include termination of employment (other than in the case of redundancy); major changes in the composition and operation of the employer’s workforce or the skills required of employees; 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.

8.2 Employer to discuss change

(a) The Employer must discuss with the Employees affected and their representatives, if any, the introduction of the changes referred to in clause 8.1, 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.

(b) 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.

(c) 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.

8.3 Consultation about changes to rosters or hours of work

(a) Where the 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.

(e) For the avoidance of doubt, the requirement to consult under clause 8.3 does not apply:

(i) to school timetabling; or

(ii) to overtime.

9. Dispute resolution process

In the event of a dispute or grievance about a matter under this award or the NES the following processes will apply:

9.1 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 Employer’s representative at the workplace.

9.2 An Employer or Employee may appoint another person, organisation or association to accompany and/or represent them for the purposes of this clause.

9.3 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 an Employer to perform work, whether at the same or another workplace, that is safe and appropriate for the Employee to perform.

9.4 Where a dispute or grievance is not settled under clause 9.1, any party to the dispute or grievance may refer the dispute or grievance to the formal dispute or grievance resolution process established by the Employer. Where the dispute or grievance is outside the power or jurisdiction of the process established by the Employer, this subclause does not operate.

9.5 Where a dispute or grievance has been referred by any party to the dispute and grievance resolution process under clause 9.4, and the matter remains unresolved, a party to the dispute or grievance may refer the matter to the Fair Work Commission. In this clause a matter is unresolved if a party is aggrieved by or does not accept the outcome of the grievance resolution process.

9.6 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.

Part 3—Employment and Related Matters

10. Modes of employment

10.1 Employees may be employed ongoing or fixed term, either full-time or part-time, or on a casual basis.

10.2 A part-time Employee will receive salary, leave and other entitlements under this award on a pro rata basis, other than the reimbursement of work related expenses in accordance with clause 18.

10.3 A casual Employee receives payment and entitlements in accordance with clause 15.

Termination of employment

10.4 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.

10.5 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.

10.6 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.

10.7 Job search entitlement

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.

10.8 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.

10.9 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.

10.10 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.

11. Classification

11.1 Employees may be employed within the categories of employment detailed in Schedule A.

11.2 Early Childhood Educators are employed in accordance with the Dimensions of Work detailed in clause A.2.

12. Hours of work

12.1 The ordinary hours of work for full-time Employees will average 76 hours per fortnight.

12.2 The ordinary hours of work for an Early Childhood Educator will be performed from Monday to Friday between 7.00 am and 6.00 pm, unless the Employer and Employee agree otherwise.

12.3 An Employee is entitled to an unpaid meal break, free of assigned duties, for a period of not less than 30 minutes no later than five hours from commencing work, other than an Early Childhood Teacher, where the break will be not less than 45 minutes, unless the Employer and Employee agree otherwise.

12.4 Time for support duties – educator

An employee performing the duties of an Early Childhood Assistant under the general direction of an Early Childhood Teacher is entitled in addition to the period children attend the kindergarten program to 45 minutes to undertake support duties (e.g. preparation, pack up or other duties relating to their work with children).

12A. Employee right to disconnect

[12A inserted by PR778136 from 26Aug24]

12A.1 Clause 12A 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.

12A.2 Clause 12A 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.

12A.3 An employer must not directly or indirectly prevent an employee from exercising their right to disconnect under the Act.

Part 4—Minimum Wages and Related Matters

13. Minimum wages

13.1 An Employee will be paid not less than the minimum rate specified for his or her classification level under Schedule A.

13.2 The minimum hourly rate payable to an early childhood teacher is calculated as follows:

Minimum salary under Schedule A ÷ 260.893 ÷ 7.6

13.3 The minimum salary for an Early Childhood Teacher is salary sub-division 1 of the salary range in Schedule A, plus an additional salary sub-division for each 12 month period of continuous employment as an Early Childhood Teacher, subject to;

(a) the minimum salary for an Early Childhood Teacher with a four year early childhood teaching qualification, or equivalent, will be Category A of Schedule A; and

(b) the minimum salary for an Early Childhood Teacher with an early childhood teaching qualification of less than four years will be Category B of Schedule A; and

(c) where employment is for less than 40 hours per fortnight, a salary sub-division will apply for each 24 months of continuous employment as an Early Childhood Teacher.

13.4 The minimum salary for an Early Childhood Educator is the Early Childhood Educator – Level 1, subject to;

(a) where the position typically requires a Certificate 3 level qualification, the minimum salary rate will be Early Childhood Educator – Level 3;

(b) progression to a higher classification level is subject to an Early Childhood Educator having 12 months experience at his or her current level, having met the competency requirements of that level and having demonstrated the capacity to acquire the skills and competency levels of the next level.

13.5 An Early Childhood Teacher is entitled to payment during school vacation periods, subject to;

(a) payment for a school vacation period is subject to an Early Childhood Teacher having worked all of a school term, provided that sick leave and public holidays are treated as time worked;

(b) payment under clause 13.5 is inclusive of any entitlement to annual leave under clause 20.1; and

(c) any period of leave without pay, or where the Early Childhood Teacher has not been employed, a pro rata payment for the school vacation periods, during a school year, will be applied.

13.6 An Early Childhood Educator may be employed at a salary that is not less than 46/52 of the salary provided for in Schedule A, subject to:

(a) receiving payment during school vacation periods;

(b) payment under clause 13.6 is inclusive of any entitlement to annual leave under clause 20.1; and

(c) any period of leave without pay, or where the Early Childhood Educator has not been employed, a pro rata payment for the school vacation periods, during a school year, will be applied.

13.7 An Employee may salary package employment benefits in lieu of salary as approved by an Employer.

13.8 Payment to a trainee Early Childhood Educator, under this Award, will be in accordance with Schedule C—National Training Wage.

13.9 Recognition of prior service as an early childhood teacher on appointment

The minimum salary applicable to an Early Childhood Teacher who, on appointment, has prior approved early childhood teaching experience will be an additional salary sub-division for each 12 month period of approved service, subject to:

(a) where there has been a break in employment as an Early Childhood Teacher of greater than 18 months, there will be a deduction of one salary sub-division from the assessed minimum commencement salary; and

(b) where prior employment as an Early Childhood Teacher was at less than 40 hours per fortnight, 24 months prior service is required for each salary sub-division.

14. Court attendance

An Employee's attendance at court as a Crown witness or under subpoena or summons in his or her official capacity will be treated as duty for salary purposes, subject to presentation of evidence that he or she attended court.

15. Minimum casual rate of pay

[Varied by PR733971 from 27Sep21]

A casual employee will be paid an hourly rate (calculated in accordance with clause 13.2) that is not less than the minimum hourly rate applicable to their classification level under Schedule A (in the case of an Early Childhood Teacher, at sub-division 1), plus a 25% loading. Payment of a 25% loading is in lieu of any entitlement to paid leave, and public holidays under this award.

16. Supported wage system

An Employee employed under a supported wage system will receive payment in accordance with Schedule B.

17. Allowances

[Varied by PR750902]

17.1 Automatic adjustment of wage-related allowances

[New 17.1 inserted by PR750902 ppc 15Mar23]

The amount of each wage-related allowance is the percentage of the standard rate specified for the allowance and will automatically adjust to reflect the specified percentage when the standard rate is varied.

17.2 First aid allowance

[17.1 renumbered as 17.2 by PR750902 ppc 15Mar23]

An Early Childhood Educator who holds an appropriate first aid qualification and is required by the Employer to undertake first aid duties will be paid an annual allowance of not less 1.41% of the standard rate.

17.3 Early Childhood Teacher in charge allowance

[17.2 renumbered as 17.3 by PR750902 ppc 15Mar23]

An Early Childhood Teacher in charge of a centre comprising two or more units, including a pre-school play unit, will receive an additional annual allowance equivalent to 3.85% of the standard rate. This allowance is payable while the Early Childhood Teacher has an in charge responsibility for the units, including between school vacation periods, provided it is a single continuous period.

17.4 Early Childhood Educator in charge allowance

[17.3 renumbered as 17.4 by PR750902 ppc 15Mar23]

An Early Childhood Educator, required to work a complete session without a qualified Early Childhood Teacher, or equivalent, will be paid an allowance for that session equal to 2.90% of the weekly rate applying to the standard rate.

17.5 Salary loading allowance

[17.4 renumbered as 17.5 by PR750902 ppc 15Mar23]

(a) Subject to clause 17.5(c), an Employee is entitled to be paid, on a date determined by an Employer, a salary loading allowance each year equivalent to 17.5% of 4 weeks of the total salary to which he or she is normally entitled as at 1 December of the year in which the allowance is paid.

(b) Employees with part-time service during the relevant year will be paid a pro rata salary loading allowance based on the aggregate of the Employee’s paid service over the 12 months preceding the date determined under clause 17.5(a).

(c) An Employee with less than a complete year of service will be paid a pro rata salary loading allowance based on the aggregate of the Employee’s service over the 12 months preceding the date determined under clause 17.5(a).

17.6 Cleaning allowance

[17.5 renumbered as 17.6 by PR750902 ppc 15Mar23]

An Early Childhood Educator who, as part of his or her regular daily duties, is required to undertake general cleaning, including the cleaning of toilets and closets, will be entitled to an annual allowance of 0.94% of the standard rate.

17.7 Saturday, Sunday and Public Holiday Work

[17.6 renumbered as 17.7 by PR750902 ppc 15Mar23]

(a) An Early Childhood Teacher who is required to work on a Saturday will be paid a rate not less than the minimum hourly rate applicable under Schedule A, plus 50% (time and a half) for the first three hours and the minimum hourly rate applicable under Schedule A, plus 100% (double time), thereafter.

(b) An Early Childhood Educator who is required to work on a:

(i) Saturday will be paid a rate not less than the minimum hourly rate applicable under Schedule A, plus 50% (time and a half) for the first two hours and not less than the minimum hourly rate applicable Schedule A, plus 100% (double time), thereafter;

(ii) Sunday will be paid a rate of not less than the minimum hourly rate applicable under Schedule A, plus 100% (double time); and

(iii) Public Holiday will be paid a rate of not less than the minimum hourly rate applicable under Schedule A, plus 150% (double time and a half).

17.8 Overtime

[17.7 renumbered as 17.8 by PR750902 ppc 15Mar23]

An Early Childhood Educator

(a) subject to clause 17.8(b), who is required to work hours additional to his or her normal hours of duty will be paid for the additional hours a rate not less than the minimum hourly rate applicable under Schedule A, plus 50% (time and a half) for the first two hours and not less than the minimum hourly rate applicable under Schedule A, plus 100% (double time), thereafter; or

(b) with the consent of the Employer, elect to take time off in lieu of the additional time worked at not less than an hour for each hour worked.

18. Work related expenses

18.1 An Employee will be reimbursed for his or her reasonable out of pocket expenses where:

(a) the expense was actually and necessarily incurred in the course of his or her authorised duties;

(b) prior approval to incur the expense was given; and

(c) reimbursement will only be made where expenditure was incurred.

18.2 An Employee who is required to travel in excess of the distance he or she would normally travel from their home to workplace will be reimbursed at a rate that is not less than the rates notified by the Australian Tax Office from time to time.

18.3 An Employee required to work after 6.00 p.m. will be paid a meal allowance that will be not less than that determined by the Australian Taxation Office, from time to time, or provided with a meal.

19. Superannuation

[Varied by PR771429]

19.1 Superannuation legislation

[19.1 substituted by PR771429 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 19 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.

19.2 Employer contributions

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.

19.3 Voluntary employee contributions

(a) Subject to the governing rules of the relevant superannuation fund, an Employee may, in writing, authorise their Employer to pay on behalf of the Employee a specified amount from the post-taxation wages of the Employee into the same superannuation fund as the Employer makes the superannuation contributions provided for in clause 19.1.

(b) An Employee may adjust the amount the Employee has authorised their Employer to pay from the wages of the Employee from the first of the month following the giving of 3 months’ written notice to their Employer.

(c) The Employer must pay the amount authorised under clauses 19.3(a) and 19.3(b) no later than 28 days after the end of the month in which the deduction authorised under clauses 19.3(a) or 19.3(b) was made.

19.4 Superannuation fund

[19.4 varied by PR771429 ppc 09Apr24]

Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions provided for in clause 19.1 to another superannuation fund, the employer must make the superannuation contributions provided for in clause 19.1 and pay any amount authorised under clauses 19.3(a) or 19.3(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) VicSuper; or

(b) AustralianSuper; or

(c) 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 superannuation fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme; or

(d) a superannuation fund or scheme of which the Employee is a defined benefit member.

Part 5—Leave and Public Holidays

20. Annual leave

20.1 Annual leave is provided for in the NES. The provisions of this clause apply in addition to the NES.

20.2 For the purposes of this Award, most leave entitlements are expressed in hours, not days. For the avoidance of doubt, 20 days of annual leave under the NES equates to 152 hours for full-time Employees covered by this Award.

20.3 Service for the accrual of annual leave will not include:

(a) subject to clause 20.3(b), any period of leave without pay that aggregates more than 1 month within a 12 month period;

(b) any period of sick leave without pay, continuous or otherwise that aggregates more than 3 months within a 12 month period.

20.4 Except where otherwise approved by the Employer, an Employee must take annual leave at times when children are not in attendance.

21. Personal/carer’s leave

21.1 Personal/carer’s leave is provided for in the NES. The provisions of this clause apply in addition to the NES.

21.2 An Employee is entitled to 114 hours personal leave (inclusive of personal leave entitlements under the NES) per annum, which will be cumulative.

21.3 Service for the accrual of personal/carer’s leave will not include:

(a) subject to clause 21.3(b), any period of leave without pay that aggregates more than 1 month within a 12 month period;

(b) any continuous period of leave without pay for sickness or injury that exceeds 1 month.

22. Parental leave

22.1 Parental leave is provided for in the NES. The provisions of this clause apply in addition to the NES.

22.2 Maternity leave

A female Employee who has at least 26 weeks’ paid service within the previous 12 months of employment will be entitled to 12 weeks’ paid maternity leave, to be taken in connection with the birth of her baby.

22.3 Partner leave

An Employee who is the spouse or de facto partner of a woman who gives birth to a baby, who has at least 12 months’ continuous paid service, will be entitled to 1 weeks’ paid partner leave in connection with the birth of a child for whom the Employee has accepted responsibility, to be taken either before and/or after the birth. An Employee whose spouse or de facto partner was pregnant will also be entitled to 1 weeks’ paid partner leave if the mother of the child has a miscarriage of her pregnancy where it has advanced to at least 20 weeks. An Employee entitled to leave under clause 22.2 or 22.4 is not entitled to leave under clause 22.3.

22.4 Adoption leave

An Employee who has been approved for the adoption of a child, if adoption occurs, will be entitled to 6 weeks’ paid adoption leave provided he or she is the primary care giver or 1 weeks’ paid adoption leave where he or she is the secondary care giver. Adoption leave can be taken either before and/or after the adoption. An Employee entitled to leave under clauses 22.2 or 22.3 is not entitled to leave under this clause 22.4.

22.5 Special maternity leave

(a) An Employee will be entitled to the equivalent of 12 weeks’ paid maternity leave if she has a miscarriage of her pregnancy where it has advanced to at least 20 weeks.

(b) Where an Employee is suffering from an illness not related to the direct consequences of the confinement, she may take any paid personal/carer’s leave to which she is entitled in lieu of, or in addition to, maternity leave related to a miscarriage of her pregnancy.

(c) Where an Employee not then on maternity leave suffers illness related to her pregnancy, she may take any paid personal carer's leave to which she is then entitled and such further maternity leave related to a miscarriage of her pregnancy. The aggregate of paid personal/carer's leave and maternity leave, including parental leave taken by a spouse, may not exceed 52 weeks in accordance with the NES (or such longer total period as provided in the NES).

(d) Where leave is granted under clause 22.5, during the period of leave an Employee may return to work at any time, as agreed between the Employer and the Employee provided that time does not exceed 4 weeks from the recommencement date desired by the Employee.

23. War service sick leave

23.1 For the purposes of this subclause "accepted war-caused disability" means accepted by the Department of Veterans Affairs as being a war caused disability;

23.2 An Employee who has an accepted war-caused disability, will, apart from any personal leave which may be standing to his or her credit, be credited with 114 hours (15 days) war service sick leave in respect of each year of service from and inclusive of 1 August 1962 up to a maximum credit of 760 hours (100 days).

23.3 Where the Employer is satisfied that the illness of an Employee with at least 6 months’ service is directly related to, or is aggravated by, an accepted war-caused disability that Employee will be granted war service sick leave to the extent credited in accordance with clause 23.2.

24. Compassionate leave

24.1 Compassionate leave is provided for in the NES. The provisions of this clause apply in addition to the NES.

24.2 Leave on full pay of up to three days may be granted to an Employee on the occasion of the death of a member of his or her immediate family or household, inclusive of compassionate leave entitlements under the NES.

25. Community service leave

25.1 Community service leave is provided for in the NES. The provisions of this clause apply in addition to the NES.

25.2 An Employee who is required to appear and serve as juror under the Juries Act 2000 (Vic) will be entitled to leave with pay for the period during which his or her attendance at court is required.

26. Accident pay

26.1 Subject to clause 26.2, an Employee who is absent from duty as a result of sustaining an injury in respect of which the Employee is entitled to weekly payments of compensation under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) will receive make up pay equal to the pay the Employee would receive for paid leave less the amount of the weekly payments of compensation (make up pay).

26.2 Make-up pay ceases when the:

(a) Employee is paid a disability benefit under the State Superannuation Act 1988 (Vic) or under a similar provision in any other Act which requires the State of Victoria to contribute as an employer; or

(b) Employee has been absent from work for either a continuous period of 52 weeks or an aggregate period of 261 working days (including any public holiday an Employee, but for that public holiday, would be required to work) or an aggregate period of 1,983 hours; or

(c) Employee’s employment is lawfully terminated.

26.3 An Employee is not entitled to personal leave with pay during any period he or she is in receipt of weekly compensation payments under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic).

27. Public holidays

Public holidays are provided for in the NES.

28. Spouse leave

Leave without pay from three to 12 months will be granted once every three years to an Employee whose spouse, as a consequence of pursuing his or her occupation, is required to shift residence interstate or overseas.

29. Sabbatical leave

29.1 The Employer may grant an Employee sabbatical leave on 80% of salary subject to the Employee agreeing to have his or her salary reduced by 20% for the relevant work period, and the Employee entering an agreement with the Employer covering the terms and conditions of the sabbatical leave.

29.2 Sabbatical leave will be taken immediately following the completion of the relevant work period during which salary was reduced under clause 29.1.

30. Infectious diseases/dangerous medical conditions

30.1 Upon a report by a registered medical practitioner that, by reason of contact with a person suffering from an infectious disease and through the operation of restrictions imposed by law in respect of such disease, an Employee is unable to attend work, the Employer may grant the Employee special leave of absence with pay. The period of leave must not be for any period beyond the earliest date at which it would be practicable for the Employee to return to work having regard to the restrictions imposed by law.

30.2 Where the Employer reasonably believes that the Employee is in such state of health as to render the Employee a danger to other Employees, the Employer may require the Employee to absent himself or herself from the workplace until the Employee obtains and provides to the Employer a report from a registered medical practitioner. Upon receipt of the medical report, the Employer may direct the Employee to be absent from duty for a specified period or, if already on leave, direct such Employee to continue on leave for a specified period. Any such absence of an Employee must be regarded as sick leave.

31. Protective clothing

Where an Employee is required to wear a uniform or protective clothing, including rubber gloves for cleaning, the Employer will provide such clothing or reimburse the Employee in accordance with clause 18.

Schedule A—Minimum Salary Rates and Related Matters

[Varied by PR592255, PR606478, PR707595, PR718970, PR729417, PR740842, PR762261, PR774046]

[A.1 varied by PR592255, PR606478, PR707595, PR718970, PR729417, PR740842, PR762261, PR774046 ppc 01Jul24]

A.1 Employees covered by this Award will be paid at a rate not less than the following annual salaries applying to a full-time Employee:

Classification	Minimum rate $	Minimum rate $
Early Childhood Teacher	Category A	Category B
Sub-division 8	73,131	68,834
Sub-division 7	71,060	66,477
Sub-division 6	68,834	65,089
Sub-division 5	66,477	63,273
Sub-division 4	65,089	61,264
Sub-division 3	63,273	60,470
Sub-division 2	61,264	59,158
Sub-division 1	60,470	58,525
Early Childhood Educator
Early Childhood Educator - Level 6	52,590
Early Childhood Educator - Level 5	52,207
Early Childhood Educator - Level 4	51,858
Early Childhood Educator - Level 3	51,487	Certificate 3 or higher
Early Childhood Educator - Level 2	51,105
Early Childhood Educator - Level 1	50,706

A.2 Dimensions of Work—Early Childhood Educator

A.2.1 Early Childhood Educator - Level 1

(a) To have a comprehensive knowledge of the Children’s Services Regulations 1998 and the Children’s Services Act 1996 and adhere to its requirements at all times.

(b) To have a good understanding of the policies and procedures of the employer and assist in their implementation.

(c) To have the ability to take direction.

(d) Under direct supervision:

· Assist in the implementation of the daily routine

· Have a good understanding of and participate when required in emergency procedures.

· Assist with the preparation, general cleanliness (non-industrial) and cleaning up and packing away of activities.

· Attend to the physical, social and emotional needs of children on an individual and group basis.

· Achieve a warm and friendly relationship with children that is supportive and responsive to their needs.

· Assist in developing good relations with families attending the service.

· Work positively and appropriately with all staff and parents, individual committee members and the employer in the provision of services.

A.2.2 Early Childhood Educator—Level 2

Under general supervision, to undertake all tasks of preceding level as required plus:

· Complete routine tasks and activities without constant direction.

· To have an understanding of and contribute to the development and implementation of the program planned for the children.