MA000120  PR794818

FAIR WORK COMMISSION

DETERMINATION

 

Fair Work Act 2009

s.157—FWC may vary etc. modern awards if necessary to achieve modern awards objective

Gender-based undervaluation – priority awards review

(AM2024/23)

Children's Services Award 2010

[MA000120]

Children's services
JUSTICE HATCHER, PRESIDENT VICE PRESIDENT ASBURY DEPUTY PRESIDENT O’NEILL dEPUTY PRESIDENT SLEVIN dEPUTY PRESIDENT GRAYSON	SYDNEY, 10 December 2025

Gender-based undervaluation – priority awards review – Children’s Services Award 2010.

 

A. Further to the decision issued by the Expert Panel of the Fair Work Commission on 10 December 2025 [2025 FWCFB 283], the above award is varied as follows:

 

1. By deleting clause 2.3 and inserting the following:

 

2.3 This award contains transitional arrangements which specify when particular parts of the award come into effect.

 

2. By deleting the following definitions in clause 3.1:

 

agreement-based transitional instrument

 

Division 2B State employment agreement

 

3. By deleting the words “Level 3.1 (Certificate III qualified)” in the definition of standard rate in clause 3.1 and inserting “Level 3—Qualified Educator”.

 

4. By deleting the definition of transitional minimum wage instrument in clause 3.1.

 

5. By deleting clause 14.1 and inserting the following:

 

14.1 Children’s Services Employees (CSE)

 

(a)        Clause 14.1 applies to the following:

 

(i) employees listed in the classifications in clause B.1; and

 

(ii) employees engaged as cooks and:

 

·       who are required to hold, or be actively working towards, an approved early childhood education and care qualification; and

 

·       who may be required at any time to work directly with children to maintain educator-to-child ratios.

 

(b) An employer must pay the CSE minimum rate applicable to the employee’s classification, or the classification set out in clause 14.1(c), as follows:

 

Classification	Minimum weekly rate	Minimum hourly rate
	$	$
Children’s Services Employee
Level 1—Introductory Educator	995.40	26.19
Level 2—Educator	1025.90	27.00
Level 3—Qualified Educator1	1121.80	29.52
Level 4—Experienced Educator	1197.10	31.50
Level 5—Advanced Educator	1263.30	33.24
Level 6—Room Leader2	1321.50	34.78
Level 7—Assistant Director	1381.90	36.37
Level 8—Director1	1593.50	41.93

 

¹Refer to clause I.4.

 

²Refer to clause I.3.

 

(c) An employee engaged as a cook and who meets the criteria in clause 14.1(a)(ii) must be paid the CSE minimum rate in clause 14.1(b) for the CSE classification applicable to their early childhood education and care (ECEC) qualification as follows:

 

ECEC qualification	CSE classification
Actively working towards qualification with less than 12 months’ experience	Level 1—Introductory Educator
Actively working towards qualification with more than 12 months’ experience	Level 2—Educator
Certificate III	Level 3—Qualified Educator
Certificate IV	Level 4—Experienced Educator
Diploma	Level 5—Advanced Educator

 

6. By deleting clause 14.2 and inserting the following:

 

14.2 Support Worker

 

The following minimum rates of pay apply to employees classified under clause B.2, other than employees engaged as cooks and who meet the criteria in clause 14.1(a)(ii).

 

Classification		Minimum weekly rate	Minimum hourly rate
		$	$
Level 1.1	On commencement	948.00	24.95
Level 2.1	On commencement	977.00	25.71
Level 2.2	After 1 year1	1009.10	26.56
Level 3.1	On commencement	1068.40	28.12

 

¹Reference to a year or years of service is to service in the industry.

 

NOTE: See clauses 14.1(b) and 14.1(c) to determine the minimum rates of pay applicable to employees engaged as cooks and who are required to hold, or be actively working towards, an approved early childhood education and care qualification, and who may be required to work ‘on the floor’ at any time to maintain educator-to-child ratios.

 

7. By deleting the words “Level 3, 4 and 5” appearing in clause 14.3(a) and inserting “Level 3—Qualified Educator, Level 4—Experienced Educator and Level 5—Advanced Educator”.

 

8. By deleting the words “Level 1” appearing in clause 14.3(b) and inserting “Level 1—Introductory Educator”.

 

9. By deleting the words “Level 2” wherever they appear in clause 14.3(b) and inserting “Level 2—Educator”.

 

10. By deleting the words “Level 3.1” wherever they appear in the table in clause 14.4(b) and inserting “Level 3—Qualified Educator”.

 

11. By deleting the words “Level 3.1” appearing in clause 14.5(a) and inserting “Level 3—Qualified Educator”.

 

12. By deleting the percentage “1.91%” appearing in clause 15.1 and inserting “1.82%”.

 

13. By deleting the percentages “1.13%” and “0.15%” appearing in clause 15.4(a) and inserting “1.08% and “0.14% respectively”.

 

14. By deleting clause 15.6.

 

15. By renumbering clauses 15.7 to 15.9 as clauses 15.6 to 15.8.

 

16. By deleting the words “Level 5 (Assistant Director)” appearing in clause 18.1(b) and

inserting “Level 7—Assistant Director”.

 

17. By deleting the words “Level 3” appearing in clause 18.1(c) and inserting “Level 3—Qualified Educator, Level 4—Experienced Educator or Level 5—Advanced Educator”.

 

18. By deleting Schedule A—Transitional Provisions.

 

19. By deleting the following words appearing in the preamble to Schedule B—Classification Structure:

 

Progression within a level is subject to the provisions of clause 14.2.

 

Employees moving from one classification level to another will commence on the 1st year of service rate of the higher level.

 

20. By deleting clause B.1 and inserting the following:

 

B.1 Children’s Services Employees (CSE)

 

B.1.1 Level 1—Introductory Educator

 

An employee whose primary role is to work directly with children and who has less than 12 months’ experience as a CSE.

 

B.1.2 Level 2—Educator

 

An employee whose primary role is to work directly with children and who has at least 12 months’ experience as a CSE.

 

B.1.3 Level 3—Qualified Educator

 

An employee whose primary role is to work directly with children and who has obtained an approved Certificate III-level early childhood education and care qualification.

 

B.1.4 Level 4—Experienced Educator

 

An employee whose primary role is to work directly with children, who has obtained an approved Certificate III-level early childhood education and care qualification and who has obtained four years’ post-qualification industry experience at CSE Level 3—Qualified Educator.

 

B.1.5 Level 5—Advanced Educator

 

An employee whose primary role is to work directly with children and who has completed a Diploma-level early childhood education and care qualification or an equivalent approved qualification for out-of-school hours care.

 

B.1.6 Level 6—Room Leader

 

An employee who has been appointed:

 

·       as a Room Leader; or

 

·       in out-of-school hours care, to assist a Level 7 or a Level 8 employee.

 

B.1.7 Level 7—Assistant Director

 

An employee who is appointed as:

 

·       the Assistant Director of a service;

 

·       Children’s Services Coordinator;

 

·       Family Day Care Co-ordinator;

 

·       Family Day Care Trainee Supervisor;

 

·       Children’s Services Coordinator; or

 

·       School Age Care Co-ordinator

 

and who has completed an AQF Level 5 or Level 6 qualification in early childhood education and care or equivalent, or is deemed by the employer or relevant legislation to hold such qualification or possess such experience as appropriate or required for the position.

 

B.1.8 Level 8—Director

 

An employee who is appointed:

 

·       as the Director of a Service; or

 

·       in an out-of-school hours or vacation care service, to be responsible for the overall strategic, financial, compliance and operational management of a service

 

and who has completed a relevant degree or other qualification, or is deemed by the employer or relevant legislation to hold such qualification or possess such experience as appropriate or required for the position.

 

21. By inserting a new Schedule I—Classification Translation Arrangements as follows:

 

Schedule I—Classification Translation Arrangements

 

I.1 Schedule I—Classification Translation Arrangements specifies the classification and minimum rates of pay that apply to Children’s Services Employees who were classified under previous classification structures in this award.

 

I.2 An employee who was classified as a Children’s Services Employee on 28 February 2026 is classified as follows:

 

Previous Classification	Translated Classification
Children’s Services Employee	Children’s Services Employee
Level 1.1	Level 1—Introductory Educator
Level 2.1	Level 2—Educator
Level 2.2	Level 2—Educator
Level 3A.1	Level 2—Educator
Level 3A.2	Level 2—Educator
Level 3.1	Level 3—Qualified Educator
Level 3.2	Level 3—Qualified Educator
Level 3.3 (with less than 4 years’ experience at Level 3)	Level 3—Qualified Educator
Level 3.3 (with 4+ years’ experience at Level 3)	Level 4—Experienced Educator
Level 3.4	Level 5—Advanced Educator
Level 4A.11	Level 6—Room Leader
Level 4A.21	Level 6—Room Leader
Level 4A.31	Level 6—Room Leader
Level 4A.41	Level 6—Room Leader
Level 4A.51	Level 6—Room Leader
Level 4.1	Level 6—Room Leader
Level 4.2	Level 6—Room Leader
Level 4.3	Level 6—Room Leader
Level 5A.1	Level 7—Assistant Director
Level 5A.2	Level 7—Assistant Director
Level 5A.3	Level 7—Assistant Director
Level 5.1	Level 7—Assistant Director
Level 5.2	Level 7—Assistant Director
Level 5.3	Level 7—Assistant Director
Level 5.4	Level 7—Assistant Director
Level 6A.1	Level 8—Director
Level 6A.2	Level 8—Director
Level 6A.3	Level 8—Director
Level 6.1	Level 8—Director
Level 6.2	Level 8—Director
Level 6.3	Level 8—Director
Level 6.4	Level 8—Director
Level 6.5	Level 8—Director
Level 6.6	Level 8—Director
Level 6.7	Level 8—Director
Level 6.8	Level 8—Director
Level 6.9	Level 8—Director

 

¹Refer to clause I.3.

 

I.3 Minimum Rates—Former Level 4A Children’s Services Employees

 

I.3.1 Clause I.3 applies to an employee who was classified under this award as a Level 4A Children’s Services Employee on 28 February 2026.

 

I.3.2 The minimum rate of pay applicable to an employee subject to clause I.3 is as follows:

 

Classification	Minimum Weekly Rate	Minimum Hourly Rate
	$	$
Children’s Services Employee—Level 6—Room Leader	1197.10	31.50

 

I.3.4 These provisions cease to operate from the beginning of the first full pay period on or after 30 June 2026.

 

I.4 Retained minimum rates of pay—Children’s Services Employees

 

I.4.1 Clause I.4 only applies to employees classified under this award on 28 February 2026 as a Children’s Services Employee at the following classifications:

 

·       Children’s Services Employee—Level 3.3

 

·       Children’s Services Employee—Director—Level 6.4

 

·       Children’s Services Employee—Director—Level 6.5

 

·       Children’s Services Employee—Director—Level 6.7

 

·       Children’s Services Employee—Director—Level 6.8

 

·       Children’s Services Employee—Director—Level 6.9

 

I.4.2 The minimum rate of pay applicable to an employee subject to clause I.4 is the higher of:

 

(a) the minimum rate of pay under this award that applies to the employee’s translated classification at clause I.2; or

 

(b) the minimum rate of pay previously applicable to the employee under this award as it was on 28 February 2026, as follows:

 

Previous Classification		Minimum Weekly Rate	Minimum Hourly Rate
		$	$
Children’s Services Employee
Level 3.3	After 2 years1	1140.10	30.00
Children’s Services Employee—Director
Level 6.4	On Commencement	1613.50	42.46
Level 6.5	After 1 year1	1628.30	42.85
Level 6.6	After 2 years1	1647.70	43.36
Level 6.7	On Commencement	1667.40	43.88
Level 6.8	After 1 year1	1686.40	44.38
Level 6.9	After 2 years1	1705.50	44.88

 

¹Reference to a year or years of service is to service in the industry.

 

22. By updating the table of contents and cross-references accordingly.

 

B. This determination comes into operation on 1 March 2026. In accordance with ss 165(3) and 166(5) of the Fair Work Act 2009 (Cth), this determination does not take effect in relation to a particular employee until the start of the employee’s first full pay period that starts on or after 1 March 2026.

 

 

PRESIDENT

 

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