Children’s Services Award

In this article, we detail some of the key provisions of the Children’s Services Award including what sorts of businesses it covers, the different levels of employee classification under the Award, and guidance on employee entitlements.

Employment Innovations advises a large number of organisations in this sector and has produced this Children’s Services Award summary to help employers cut through the complexities of the award.

If you require any assistance in understanding your rights or obligations under the Award, please contact us.

 

Table of Contents

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COVERAGE
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CLASSIFICATION & MINIMUM RATES OF PAY (CHILDREN'S SERVICES EMPLOYEES)
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CLASSIFICATION & MINIMUM RATES OF PAY (SUPPORT WORKER)
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TYPES OF EMPLOYMENT
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ORDINARY HOURS OF WORKE AND ROSTERING
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TIME OFF IN LIEU OF PAYMENT FOR OVERTIME - 'TOIL'
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LEAVE AND LEAVE LOADING
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NOTICE OF TERMINATION
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ALLOWANCES
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SUPERANNUATION
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RATES OF PAY
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COVERAGE
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CLASSIFICATION & MINIMUM RATES OF PAY (CHILDREN'S SERVICES EMPLOYEES)
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CLASSIFICATION & MINIMUM RATES OF PAY (SUPPORT WORKER)
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TYPES OF EMPLOYMENT
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ORDINARY HOURS OF WORKE AND ROSTERING
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TIME OFF IN LIEU OF PAYMENT FOR OVERTIME - 'TOIL'
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LEAVE AND LEAVE LOADING
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NOTICE OF TERMINATION
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ALLOWANCES
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SUPERANNUATION
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RATES OF PAY

Coverage

 

The Children’s Services Award 2010 covers employers in the children’s services and early childhood education industry.

The award defines this industry as including “long day care, occasional care (including non-license occasional care services), nurseries, childcare centres, day care facilities, family based childcare, out of school hours care, vacation care, adjunct care, in-home care, kindergartens and preschools, mobile centres and early childhood intervention programs.”

This award does not generally cover:

  • Employers who operate a pre-school or are engaged in early childhood education in a school (who would generally be covered by the Educational Services (School) General Staff Award 2020)
  • Employers who are in the higher education industry and provide undergraduate and postgraduate teaching (who would generally be covered by the Higher Education Industry – General Staff Award 2020)
  • Employers engaged in activities undertaken by local government entities (who would generally be covered by the Local Government Industry Award 2020)
  • Employers in the social and community services industry or who operate a family day care scheme (who would generally be covered by the Social, Community, Home Care, Disability Services Industry Award 2010).

 

Classifications & minimum rates of pay (Children’s Services Employees)

Progression

Some classification levels within the Children’s Services stream have multiple pay points within the one level. Progression from one pay point to the next within a particular classification is dependent on the employee’s ability to demonstrate satisfactory performance over a specific period.

The employee will need to show that they have:

  • Displayed competency at their current level
  • Had 12 months of experience at their level (or 24 months of experience for employees engaged to work 19 hours per week or less)
  • Demonstrated the ability to attain the skills required to progress to the next pay point. 

 

If the employee has been found to not have met the competency standards for their existing level, the business may choose to delay the progression for a period of 3 months.

When doing so the business must:

  • Notify the employee in writing of the reasons for the deferral
  • Be able to show that the employee has been provided with the required in-service training that would enable progression in the previous 12 months
  • Provide the employee with the necessary training after the deferral to be able to progress.

Some employees may be immediately entitled to progress through obtaining certain qualifications or being required to perform certain tasks (see further below).

 

Level 1

Employees may be placed at this level if they have no formal qualifications or industry experience. Level 1 workers will often work under direct supervision and in a team setting. They will be provided with guidance and direction in the duration of their shift and will also receive regular in-house training.

Level 1 employees will often work with other colleagues and won’t be left alone with a group of children. As they are new to the business and industry, employees at this level will be learning and implementing the policies and processes of the business. Level 1 workers will be taught how to interact and build relationships with the children. Often workers will undertake basic tasks such as cleaning, gardening, and food preparation.

Progression = level 1 employees will move to a level 2.1 after one year of service. However, they may progress earlier if the business feels as though they can perform the tasks of a level 2.1 employee or if they are undertaking the tasks of that level.

 
Level 2

Employees will be placed under this classification level once they have completed 12 months of service as a level 1 worker. Those who hold a Certificate II in Children’s Services or are deemed to have sufficient knowledge or experience to perform the work at this level will also be classified as a level 2 employee.

Workers at this level will have limited knowledge and experience in the children’s services industry. As a result, they will have limited responsibility over their work. They may be required to assist other staff in the implementation of programs under supervision. A level 2 employee will be engaged in daily care routines and involved in ensuring the health and safety of the children in the centre. 

Progression = once a level 2 employee has completed an introductory childcare course, they will progress to the next pay point within the level 2 classification.

 
Level 3A

Employees who were previously classified as an ‘E’Worker’ under the Child Care (Long Day Care) WA Award 2005 as a CSE level 2 will be placed at this classification level.

 
Level 3

Employees who have completed a Certificate III in Children’s Services or hold an equivalent qualification will automatically be placed at this level. Employees may also fall within this level if the business determines that they have sufficient knowledge or experience to perform the duties of a level 3 worker.

In addition to the duties set out for a level 2 worker, employees at this level will assist in the preparation, implementation, and evaluation of developmentally appropriate programs for individual children or groups. For the purposes of planning programs for the children, level 3 employees may be required to record their observations of individual children or a group. Level 3 workers may also be involved in providing direction to untrained staff.

Progression = employees who have completed a Diploma in Children’s Services or equivalent and have demonstrated the required skills/competency standards beyond a Certificate III worker must be paid at a level 3.4.

 
Level 4A

Employees will be classified as a level 4A worker if they have not obtained the qualifications required for a level 4 employee but perform the same duties. 

 
Level 4

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 – 12 years.

This may also be an employee who is appointed as an Authorised Supervisor (as defined in the Children and Young Persons (Care and Protection) Act 1998 (NSW)). These employees may be responsible for implementing policies and procedures or maintaining records and/or daily care routines. These employees are able to liaise with more senior employees and families.

 

Level 5A

This is an employee who has completed an AQF Level V Diploma in Children’s Services or equivalent. Indicative roles for this level include:

  • Assistant Director of a service;
  • Children’s Services Coordinator;
  • Family Day Care Coordinator;
  • Family Day Care Trainee Supervisor; or
  • a School Age Care Coordinator.

 

These employees will coordinate and direct employees engaged in the implementation of developmentally appropriate programs and also centre or service operations including OHS, program planning and staff training.

In the temporary absence of the centre Director, these employees generally are responsible for supervising all employees within the service. 

  • A Children’s Service Coordinator will undertake additional responsibilities including coordinating the activities of more than one group; supervising staff, trainees and students on placement; and assisting in administrative functions.
  • A Family Day Care Coordinator undertakes additional duties, including administering day care placements, directing family based child-care workers, implementing licensing registration, recruiting as well as upholding policies. 
  • A Family Day Care Trainee Supervisor undertakes indicative duties such as providing support and guidance to family based childcare workers undertaking the AQF Certificate III Traineeship, supervising visits for workplace assessments, organising training and study groups as well as contributing to the development of policies.
  • An unqualified Coordinator may manage a stand alone out-of-school hours care and/or vacation care centre, develop/oversee programs to ensure they offer a balance of flexibility, variety, safety and fun. These coordinators may also supervise programs/activities and ensure each staff member fulfills their duties and responsibilities. Further, these coordinators may be responsible for administrative tasks including fee collection, banking, pay etc., and working with parents and committees. Coordinators are also responsible for undertaking first aid duties and appropriate medical responses as well as upholding centre policies.

 

Level 6A

This is an employee who has not obtained the qualification required for a Level 6 employee who performs the same duties as a Level 6 employee.

 
Level 6

A Director is an employee who holds a relevant Degree or a 3 or 4 year Early Childhood Education qualification, or an AQF Advanced Diploma, or a Diploma in Children’s Services, or a Diploma in Out-of-Hours Care. A director is otherwise a person who is appointed as the director of a service after possessing such experience, or holding such qualifications deemed by the employer or the relevant legislation to be appropriate or required for the position. 

A level 6 director will be responsible for the overall management and administration of the centre/service,  supervising programs for children, recruiting staff, maintaining day-to-day accounts and ensuring legislative regulations, statutory and quality assurance  requirements are adhered to. Other managerial duties include formulating budgets, policies and procedures as well as liaising with management committees and providing professional leadership to staff.

  • Director Level 1 is an employee appointed as the Director of a service licensed for up to 39 children or a Family Day Care service of max 30 family based childcare workers and is paid at the Level 6.1 to 6.3 salary range.
  • Director Level 2 is an employee appointed as the Director of a service licensed for 40-59 children or a Family Day Care service with between 31-60 family based childcare workers and is paid at the Level 6.4 to 6.6 salary range.
  • Director Level 3 is an employee appointed as the Director of a service licensed for 60 or more children or a Family Day Care service with more than 60 family based childcare workers and is paid at the Level 6.7 to 6.9 salary range.
  • Qualified Coordinator is the level for a qualified (2+ year post-secondary course in Early Childhood Studies or an equivalent) Coordinator who coordinates and manages a stand alone out-of-school hours care/vacation care centre. Employees coordinating a service licensed up to 59 children will be paid at Level 6.1 to 6.3. A Coordinator appointed to a service licensed to accommodate 60+ children will be paid Level 6.4 to 6.6.

 

Children Services Industry Award Summary

Classifications & Minimum Rates of Pay (Support Worker)

Level 1

This is an untrained, unqualified employee. Employees at this level will work under supervision with guidance and direction. Indicative duties include assisting in the kitchen, laundry, cleaning, gardening and administrative tasks.

Progression = An employee will progress to Children’s Services Support Employee (CSSE) Level 2 after 12 months, or earlier if the employee is performing the duties of a children’s Services support employee Level 2.

 

Level 2

This employee possesses the skills, training and experience to work above that of a CSSE Level 1 and below a CSSE level 3, working under routine supervision and exercising discretion with performing duties across assisting in a kitchen, laundry, cleaning, gardening and administrative tasks. 

Progression = Level 2 may move to level 3 after demonstrating competency at the existing level across 12 months experience at that level (or 24 months if only performing 19 hours or less per week). Employees must also complete any relevant in-service training (or other ability to acquire the skills necessary for advancement to the next pay point, including holding the relevant qualifications of a level 3).

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Level 3

An employee at this level performs work of a higher level than level 2 and possesses an AQF Certificate III or equivalent skills and performs work at that level as required by the employer.

 

Types of Employment​

Full Time

A full time employee is engaged to work an average of 38 ordinary hours per week. Employees can be paid per hour or paid a salaried amount.

 

Part Time

A part time employee works less than 38 ordinary hours per week (or over the roster cycle) and has reasonably predictable hours of work. Each time a part-time employee is required to work, they must be engaged for a minimum of 2 hours.

Part time employees must have a written agreement that includes the number of hours the employee will work each day. The agreement must also stipulate the days of the week the employee will work as well as their starting at finishing times each day.

The agreed regular pattern of work can be changed if the employee and employer agree to this in writing.

A part-time employee who agrees to work in excess of their normal hours will be paid at ordinary time for up to eight hours provided that the additional time worked is during the ordinary hours of operation of the early childhood service.

 

Casual

A casual employee does not have guaranteed hours of work and usually works an irregular pattern. However, when a casual worker is rostered to work, they must be provided with a minimum of 2 hours.

They are paid an additional 25% loading on top of the permanent base rate of pay as compensation for annual leave and personal/carer’s leave entitlements, notice of termination, redundancy benefits and other entitlements of full or part-time employees. 

Casual employees have a right to convert to permanent employment under the National Employment Standards, see our guidance here.

 

Ordinary Hours of Work and Rostering

Ordinary hours can be worked:

  • Up to 38 hours per week (or an average of 38 hours per week, over a roster period that does not exceed 4 weeks)
  • A maximum of 8 hours per day (or 1 day of 10 hours if agreed by the employee)
  • Between 6:00am-6:30pm
  • Not exceeding a spread of hours over 12 hours per day when broken shifts are worked (i.e. an employee working two separate shifts in a day)

There are special rules for “term-time employees” in out-of-school hours care, preschools and kindergartens (see further below).

 
Rostered time off for full-time employees

The rostering of a full-time employee’s 38 hours per week may use any of the following methods:

  • 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.

 

Non-Contact Time

The purpose of non-contact time is to allow certain employees dedicated time to perform administrative tasks or program planning tasks. During this period of non-contact time, these employees are not required to supervise children or perform other duties as directed by the employer. Where possible, this time should be rostered in advance.

They types of employees who are entitled to non-contact time, and the amount of time they must get are as follows:

Employee Duties Amount of 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.
Minimum of 2 hours non-contact time per week.
  • An employee appointed as the Educational Leader* 
Minimum of 2 hours non-contact time per week.
  • An Educational Leader who also has programming responsibilities for an individual child or group of children.
Minimum of 4 hours non-contact time per week.

*As defined in Regulation 118 of the Education and Care Services National Regulations (2011).

 

Attendance at Court

The time taken by an employee that is required 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 work, will count as time worked.

 

Rostering
  • Rosters must be legible and posted in a readily accessible place for employees.
  • This may be changed by the employer by giving the employee seven days notice.
    • Where notice cannot be given, overtime rates will apply until seven days have elapsed from the date the notice was given.
    • Both parties may agree to waive the notice period required, this agreement must be in writing and reflected in the time and wages records.
  • Seven days notice is not required in the event of an emergency outside the employer’s control. This emergency time must not exceed one hour per week, otherwise overtime penalties will apply. An emergency will not include where an employee is required to stay past their rostered hours due to a parent failing to collect their child on time. An emergency will mean:
    • a situation or event that poses an imminent or severe risk to the persons at an education and care service premises (for example, a fire at the education and care services premises);or
    • a situation that requires the education and care service premises to be locked-down (for example, an emergency government direction).
  • An employer may direct an employee to transfer from one location to another within their rostered hours, time taken to travel to the other location will be paid.
  • Where an employer has directed a permanent transfer of an employee to another location (i.e. this was not mutually agreed), they must provide seven days notice of the change, or the employee must be paid overtime until seven days have elapsed from the date the notice was given.

 

Make-up Time

An employee and employer may agree to an employee working “make-up time”. This is where the employee takes a period of time off during their ordinary hours, and opts to work those hours at a later time or date during the ordinary spread of hours and at the ordinary rates of pay.

“Term time employees” (in out-of-school hours care, preschool and kindergartens) 

An employee in these sectors may be employed as a “term-time employee”, in which case they will work:

  • only the school education weeks of the year as defined;
  • an average of 38 ordinary hours per week of the school education year; or
  • less than an average of 38 hours per week of the school education year.

Importantly, the entitlements for “term-time employees” must be the same as non-term time employees, except that they are not paid ordinary wages for weeks in which they are not engaged for work i.e. these non-engaged periods are still considered “service” for annual leave and personal/carer’s leave purposes, it is just that term-time employees are not paid during these periods.

A term-time employee is paid for public holidays that fall on their normal day of work. This means they won’t be paid for a public holiday that falls outside the term because they aren’t normally employed to work during that time.

 

When Overtime Applies

Overtime is when an employee works extra time. It can include work done:

  • Beyond their ordinary hours of work
  • Outside the agreed number of hours
  • Outside the spread of ordinary hours

The types of employee and when overtime applies is as follows:

Full time employees:

  • Full time employees get overtime rates if they work more than the maximum number of ordinary hours detailed above (ie in excess of the maximum daily hours and the weekly maximum hours of an average of 38); and
  • Outside the spread of ordinary hours, which for the purposes of the Children’s Services Award is between 6:00am and 6:30pm, Monday to Friday.

Part time employees:

  • More than 8 hours in a day and more than 38 hours in a week;
  • More than their normal hours if they have not agreed to work additional hours at their ordinary rate (ie a part-time employee can agree to work in excess of their normal hours at their ordinary time rate of pay for up to eight hours provided that the additional time worked is during the ordinary hours of operation of the early childhood service)
  • Outside their agreed times of work if they have been given less that 7 days notice (unless in an emergency situation), or
  • Outside the spread of ordinary hours set in the Award (being 6:00am and 6:30pm, Monday to Friday).

Casual employees:

  • If the employee works in excess of 8 hours on one day, or 38 hours per week

 

 

Overtime Rates

The following table outlines how overtime rates apply to different employment types:

Full time Part time  Casual
150% of ordinary rate for the first 2 hours of overtime 150% of ordinary rate for the first 2 hours of overtime 175% (inclusive of casual loading) of the hourly rate (plus any all-purpose allowance payable) for the first 2 hours of overtime
200% of the hourly rate after 2 hours of overtime 200% of the hourly rate after 2 hours of overtime 225% (inclusive of casual loading) of the hourly rate after 2 hours of overtime

 

Time Off in Lieu of Payment for Overtime – ‘TOIL’​

An employer and employee may agree in writing to an employee taking time off instead of being paid for a particular amount of overtime work. The period of time off that an employee is entitled to take is equivalent to the number of overtime hours worked. For example: an employee who worked 2 overtime hours is entitled to 2 hours’ time off.

 
Shiftwork

Instead of working their ordinary hours in the patterns set out above, employees may be employed as shiftworkers.

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.

Shift % loading
Early morning 10
Afternoon 15
Night shift, rotating with day or afternoon 17.5
Night shift, non-rotating 30

 

Early morning shift means any shift commencing at or after 5.00 am and before 6.00 am.

Afternoon shift means any shift finishing after 6.30 pm and at or before midnight.

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.

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.

 

Penalty Rates for Weekend and Public Holiday Work

Employees are entitled to the additional rates when working on weekends or public holidays.

Rostered Shift Penalty Rate Minimum Payment
Saturday

150% for the first 2 hours and 200% thereafter. 

Shift-workers will be paid at 150% for all ordinary hours worked (except for overtime which is paid at 150% for the first 2 hours and double time thereafter).

4 hours
Sunday 200% of their ordinary rate for all hours. 4 hours
Sunday 250% of their ordinary rate for all hours. 4 hours

 

Meal Breaks

A meal break is an uninterrupted time of not less than 30 minutes, but no more than one hour that doesn’t count as time worked. An employee gets 1 meal break if they work more than 5 hours. If an employee is interrupted during the meal break from the employer, overtime will be paid until an uninterrupted meal break is taken.

An employee can’t be asked to work more than 5 hours without a meal break.

A rest break is a 10 minute paid break that counts as time worked. An employee gets:

Length of shift Rest Break
4 hours or more 1 x paid rest break
7 hours of more 2 x paid rest break

*An employee can choose to have one rest break only if they wish.

 

Breaks between work periods

All employees should get a minimum of 10 hours between finishing work on one day and starting work the next day. Work includes any reasonable additional hours or overtime.

When employees don’t get a 10 hour break between shifts and they start at their normal shift time the next day they get paid the following:

  • Overtime rates for the hours they work, until they are released from work to have a 10 hour break between shifts; and
  • Ordinary hourly pay rate for any hours they cannot work because they are taking the break.

 

Children Services Industry Award Summary

Leave and leave loading

Annual leave

Annual leave is provided for in the NES.

An employee performing shift work required to work in accordance with a roster on Sundays and public holidays will receive an additional week of leave.

 

Annual leave loading

In addition to the payment provided for by the NES an employer is required to pay leave loading of 17.5% of that payment.

 

Directing annual leave

During the Christmas vacation period an employee may be directed to take annual leave. An employee without sufficient accrued leave may be required to take leave without pay for a maximum of four weeks. 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 as part of a close-down of its operations.

Where a workplace is closed during a vacation period, other than Christmas vacation, and no work is available, an employee will be paid the ordinary rate of pay during such a period. 

Employers may also be entitled to direct an employee to take paid annual leave if they have an excessive leave accrual (more than 8 weeks’ for day workers or 10 weeks’ for a shiftworker). The employer must adhere to strict provisions surrounding directing the leave which can be found in clause 24.6 of the award.

 

Annual leave in advance

An employer and employee may agree in writing to the employee taking a period of paid annual leave before the employee has accrued an entitlement to the leave. This is subject to strict rules including that the agreement must state;

  • The amount of leave to take in advance and the date the leave commences
  • Be signed by both parties, or where the employee is under 18 years old, signed by their parent or guardian

A copy of this agreement must be kept by the employer.

Where an agreement has been made in writing, and the employment of the employee is terminated prior to the accrual of the total amount of annual leave that was taken in advance, the employer may deduct from any money due to the employee on termination an amount equal to that which the employee has not accrued.

 

Cashing out of annual leave

An employer and an employee may agree in writing to the cashing out of a particular amount of accrued paid annual leave by the employee. Likewise to the above, this also requires adherence to strict rules including;

  • The agreement must be made in writing.
  • Each cash out is subject to separate agreements.
  • The payment must be for the same amount the employee would have received should they have taken the leave (i.e. annual leave loading must be included).
  • The agreement must state;
    • the amount of leave to be cashed out and the payment to be made to the employee for it
    • the date on which the payment is to be made.
    • Be signed by both parties, or where the employee is under 18 years old, signed by their parent or guardian
  • Must not result in the employees annual leave balance being less than 4 weeks
  • Must not exceed a maximum cash out of 2 weeks in any 12 month period.

 

Personal/carer’s leave and compassionate leave

Personal/carer’s leave and compassionate leave are provided for in the NES.

 

Community service leave

Community service leave is provided for in the NES.

 

Leave to deal with Family and Domestic Violence

An employee is entitled to 5 days’ unpaid leave to deal with family and domestic violence (violent, threatening or other abusive behaviour by a family member of an employee that seeks to coerce or control the employee and that causes them harm or to be fearful). The leave does not accumulate from year to year and is not prorated for part-time and casual employees.

 

 

Notice of termination

The following notice periods apply:

Employee’s period of continuous service with the employer at the end of the day the notice is given Period of notice
Not more than 1 year 1 week
More than 1 year but not more than 3 years 2 weeks
More than 3 years but not more than 5 years 4 weeks
More than 5 years 4 weeks

An employer is required to increase the period by 1 week if terminating an employee who is over 45 years old and completed at least 2 continuous years of service.

 

Deductions from Pay

An employer can deduct up to one weeks’ wages from an employee’s pay if:

  • The employee is over 18
  • The employee hasn’t given the right amount of notice under the award
  • The deduction isn’t unreasonable

However, employers can only deduct pay from wages owed under the award. This does not include other entitlements owed to the employee, such as annual leave.

 

Allowances

Please note that allowances are regularly updated. Please check clause 15 of the Award for the current rates.

Allowance Details
Broken Shift allowance Daily allowance for each day on which a broken shift is worked (ie where an employee works two separate shifts in a day).
Clothing and Equipment allowance

Special Clothing

Reimbursement for the cost of purchasing the special clothing, or cost of protective clothing or equipment

Laundry Allowance

Allowances are paid for when an employee is required to launder their uniform. A lesser allowance is payable where the uniform does not require ironing.

Excess Fares allowance – working away from usual place of work A daily allowance is payable unless the employer provides transportation.
First Aid allowance

Where an employee classified below Level 3 is required by the employer to administer first aid to children within the employee’s care and the employee holds a current recognised first aid qualification such as a certificate from the St John Ambulance, the Australian Red Cross or a similar body they must be paid an allowance per day. 

A first aid officer need not be appointed where a qualified nurse is on the premises at all times.

Where an employee is required by an employer to act as a first aid officer and they do not have current qualifications, the employer must pay the costs of any required training.

Meal allowance An employee 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 a meal allowance. No meal allowance is payable where an employee could reasonably return home for a meal within the period allowed.
Qualification allowance For a Director or Assistant Director with Graduate Certificate in Childcare Management or equivalent
Use of own vehicle allowance A per km allowance is payable
Educational leader allowance

An annual allowance is payable to an employee who is required to discharge the responsibilities of the educational leader under Regulation 118 of the Education and Care Services National Regulations 2011.

Where an employee is required to act as educational leader for less than 5 days per week, the annual allowance is payable on a pro rata basis calculated by reference to the number of days per week the employee is required to act as educational leader. This is a new allowance introduced from 1 November 2022.

 

 

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:

(a) the greater part of the time so worked is spent in performing duties carrying the higher rate;

(b) an employee engaged as a Children’s Services Employee Level 5 (Assistant Director) who is required to undertake the duties of a Director by reason of the Director’s absence will not be entitled to payment under this clause unless the Director’s absence exceeds two complete consecutive working days;

(c) an employee engaged as a Children’s Services Employee Level 3 who is required to undertake duties of the Director by reason of the Director’s non-attendance outside of core hours will not be entitled to payment under this clause;

(d) where an employee is appointed to act as the Director of a Centre or a Supervising Officer pursuant to the relevant childcare regulations, they will be paid for the entire period at the rate applicable for a Director or Supervising Officer.

 

Superannuation

Superannuation Legislation

Superannuation rights and obligations are provided for under relevant superannuation legislation. 

Unless, to comply with superannuation legislation, the employer is required to make the superannuation contributions to another superannuation fund that is chosen by the employee, the employer must make the superannuation contributions to one of the superannuation funds or its successor outlined in clause 20.4 of the award.

Subject to the governing rules of the relevant superannuation fund, the employer must also make the superannuation contributions while the employee is on any paid leave and for the period of absence from work (up to 52 weeks) due to work-related injury or work-related illness (provided the employee is receiving workers compensation payments or is receiving regular payments directly from the employer in accordance with the statutory requirements and remains employed by the employer).

 

FAQs

What is the Children's Service Award?

The Children’s Service Award is a set of industrial awards that outline the minimum employment conditions and standards for employees working in the children’s services sector in Australia. It covers a range of roles, including early childhood educators, child care workers, and other professionals involved in providing services to children.

What are the key entitlements covered by the Children's Service Award?

The Children’s Service Award outlines various entitlements, including minimum wages, working hours, leave provisions, and other employment conditions specific to the children’s services industry. It aims to ensure fair and consistent standards across the sector.

How is the wage determined under the Children's Service Award?

The wage rates under the Children’s Service Award are determined based on the employee’s classification, experience, and qualifications. The award includes different levels or classifications to reflect varying levels of responsibility and expertise within the children’s services sector.

Does the Children's Service Award cover both full-time and part-time employees?

Yes, the Children’s Service Award covers both full-time and part-time employees. It provides guidelines for minimum working hours, part-time arrangements, and the respective entitlements for each category, ensuring that employment conditions are fair and consistent.

Rates of Pay

Rates of Pay

As at 1 July 2022; please note the rates below are the minimum ordinary rates of pay as outlined within the Award. Please refer to the relevant Fair Work Ombudsman pay guide for other applicable rates such as overtime, penalty rates or allowances.

 

Adult

Full-time & part-time

Classification Weekly pay rate Hourly pay rate
Support worker level 1.1 on commencement $830.30 $21.85
Support worker level 2.1 on commencement $860.40 $22.64
Support worker level 2.2 after 1 year $888.70 $23.39
Support worker level 3.1 on commencement $940.90 $24.76
Children’s services employee level 1.1 on commencement $830.30 $21.85
Children’s services employee level 2.1 on commencement $860.40 $22.64
Children’s services employee level 2.2 after 1 year $888.70 $23.39
Children’s services employee level 3A.1 on commencement $926.40 $24.38
Children’s services employee level 3A.2 after 1 year $940.90 $24.76
Children’s services employee level 3.1 on commencement $940.90 $24.76
Children’s services employee level 3.2 after 1 year $973.30 $25.61
Children’s services employee level 3.3 after 2 years $1,004.00 $26.42
Children’s services employee level 3.4 (Diploma) $1,059.50 $27.88
Children’s services employee level 4A.1 on commencement $1,004.00 $26.42
Children’s services employee level 4A.2 after 1 year $1,018.00 $26.79
Children’s services employee level 4A.3 after 2 years $1,031.90 $27.16
Children’s services employee level 4A.4 after 3 years $1,046.30 $27.53
Children’s services employee level 4A.5 after 4 years $1,060.30 $27.90
Children’s services employee level 4.1 on commencement $1,108.30 $29.17
Children’s services employee level 4.2 after 1 year $1,125.30 $29.61
Children’s services employee level 4.3 after 2 years $1,142.00 $30.05
Children’s services employee level 5A.1 on commencement $1,159.00 $30.50
Children’s services employee level 5A.2 after 1 year $1,175.80 $30.94
Children’s services employee level 5A.3 after 2 years $1,192.40 $31.38
Children’s services employee level 5.1 on commencement $1,159.00 $30.50
Children’s services employee level 5.2 after 1 year $1,175.80 $30.94
Children’s services employee level 5.3 after 2 years $1,192.40 $31.38
Children’s services employee level 5.4 $1,196.70 $31.49
Children’s services employee level 6A.1 on commencement $1,336.50 $35.17
Children’s services employee level 6A.2 after 1 year $1,353.10 $35.61
Children’s services employee level 6A.3 after 2 years $1,369.70 $36.04
Children’s services employee – Director – level 6.1 on commencement $1,336.50 $35.17
Children’s services employee – Director – level 6.2 after 1 year $1,353.10 $35.61
Children’s services employee – Director – level 6.3 after 2 years $1,369.70 $36.04
Children’s services employee – Director – level 6.4 on commencement $1,420.90 $37.39
Children’s services employee – Director – level 6.5 after 1 year $1,433.90 $37.73
Children’s services employee – Director – level 6.6 after 2 years $1,451.10 $38.19
Children’s services employee – Director – level 6.7 on commencement $1,468.40 $38.64
Children’s services employee – Director – level 6.8 after 1 year $1,485.10 $39.08
Children’s services employee – Director – level 6.9 after 2 years $1,501.80 $39.52

 

Casual

Classification Hourly pay rate
Support worker level 1.1 on commencement $27.31
Support worker level 2.1 on commencement $28.30
Support worker level 2.2 after 1 year $29.24
Support worker level 3.1 on commencement $30.95
Children’s services employee level 1.1 on commencement $27.31
Children’s services employee level 2.1 on commencement $28.30
Children’s services employee level 2.2 after 1 year $29.24
Children’s services employee level 3A.1 on commencement $30.48
Children’s services employee level 3A.2 after 1 year $30.95
Children’s services employee level 3.1 on commencement $30.95
Children’s services employee level 3.2 after 1 year $32.01
Children’s services employee level 3.3 after 2 years $33.03
Children’s services employee level 3.4 (Diploma) $34.85
Children’s services employee level 4A.1 on commencement $33.03
Children’s services employee level 4A.2 after 1 year $33.49
Children’s services employee level 4A.3 after 2 years $33.95
Children’s services employee level 4A.4 after 3 years $34.41
Children’s services employee level 4A.5 after 4 years $34.88
Children’s services employee level 4.1 on commencement $36.46
Children’s services employee level 4.2 after 1 year $37.01
Children’s services employee level 4.3 after 2 years $37.56
Children’s services employee level 5A.1 on commencement $38.13
Children’s services employee level 5A.2 after 1 year $38.68
Children’s services employee level 5A.3 after 2 years $39.23
Children’s services employee level 5.1 on commencement $38.13
Children’s services employee level 5.2 after 1 year $38.68
Children’s services employee level 5.3 after 2 years $39.23
Children’s services employee level 5.4 $39.36
Children’s services employee level 6A.1 on commencement $43.96
Children’s services employee level 6A.2 after 1 year $44.51
Children’s services employee level 6A.3 after 2 years $45.05
Children’s services employee – Director – level 6.1 on commencement $43.96
Children’s services employee – Director – level 6.2 after 1 year $44.51
Children’s services employee – Director – level 6.3 after 2 years $45.05
Children’s services employee – Director – level 6.4 on commencement $46.74
Children’s services employee – Director – level 6.5 after 1 year $47.16
Children’s services employee – Director – level 6.6 after 2 years $47.74
Children’s services employee – Director – level 6.7 on commencement $48.30
Children’s services employee – Director – level 6.8 after 1 year $48.85
Children’s services employee – Director – level 6.9 after 2 years $49.40

 

Children Services Industry Award Summary

How HR Connect can help

If you require assistance with dealing with disciplinary issues concerning staff, HR Connect can help. Our HR Advisors will be able to guide you through each step of the disciplinary process and we have template documents (e.g. direction to attend a disciplinary meeting, written warning, letter of termination, etc) available as part of our subscription packages.

 

 

About HR Connect

HR Connect is one of Australia’s leading providers of HR & workplace safety advice services, designed to help small business owners make confident and compliant business decisions.

 

Disclaimer

The information provided in these knowledge base articles is general in nature and is not intended to substitute for professional advice. If you are unsure about how this information applies to your specific situation we recommend you contact HR Connect for advice. The information in this summary is correct as of August 2021.

 

This knowledge base article will change over time, as Modern Award legislation relating to this Industry or Occupation is passed by the Fair Work Commission. Originally published on 21 September 2021 and last updated on 18 February 2022.

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