Disclaimer
Please note: The information contained in this Modern Award Interpretation Guide is sourced from the PaidRight knowledge database which is general in nature and does not constitute or is intended to be relied upon as legal advice or other professional opinion. The contents of this guide is subject to variation(s) to the Children’s Services Award 2010 by Fair Work Commission decision or enactment of amended legislation. PaidRight does neither accept responsibility or provide guarantee or warranty (express or implied) regarding the accuracy, reliability or completeness; and, to the extent permitted by law, PaidRight does not accept legal liability for consequences arising out of use of this information. The information recipient is advised to obtain professional legal advice relevant to your specific circumstances. Information updated as at 1 July 2024.
Table of contents:
Coverage:
The Children’s Services Award 2010 covers employers and employees in the children’s services and early childhood education industry throughout Australia.
The children’s services and early childhood education industry is defined to mean, “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.”
Key Takeaways:
- As it operates to the exclusion of any other, where the Children’s Services Award 2010 applies, there is no overlap in coverage with any other modern award.
- A casual employee may be engaged for only temporary and relief purposes, under the Children’s Services Award 2010.
- Employee pay-point progression within classification levels subject to fulfilling the required criteria with respect to competency, experience and skills acquisition.
- In respect to work performed at a higher classification level by an employee this is deemed higher duties in which case a higher pay rate may apply.
- An employee in out-of-school hours care service, preschool or kindergarten may be employed as a “term-time” employee to work only the school education weeks of the year, an average of 38 hours per week or less than that of the school education year.
- Non-contact time is provided at a minimum of two hours per week during which an employee is responsible for the preparation, implementation and/or evaluation of a developmental program for an individual child or group of children.
- Time spent by an employee for court attendance on behalf of the employer or on the client(s) of the employer will count as time worked.
- There is provision for broken shifts to be worked comprising two periods of work within a spread of 12 hours for which there is payment for a broken shift allowance.
- Time off to be taken by the employee instead of payment for overtime, subject to agreement.
- By agreement, the employee may be permitted to work “make-up time” whereby the employee takes time off during ordinary hours and works those hours at a later time during the ordinary spread of hours.
- A qualifications allowance is payable to a Director or Assistant Director who holds a Graduate Certificate in Childcare Management or equivalent will be paid oan all-purpose allowance.
- An educational leader allowance is payable as a flat payment annually to an employee who is required to discharge the responsibilities of the educational leader under the Education and Care Services National Regulations 2011.
- There is provision for working broken shifts, a daily broken shift allowance is payable.
- Coverage under this award extends to employees engaged under an apprenticeship or school-based apprenticeship arrangement.
- Employers are permitted to have employees with excessive leave accruals to take annual leave as directed subject to the stipulated requirements.
Hours of Work:
The ordinary span of hours for a day worker is 6:00 am to 6:30pm.*
|
Employment Type
|
Ordinary hours per week
|
Minimum engagement period*
|
|
Full time
|
38 hours per week; or as an average worked in either of the following:
- In a fortnight of 76 hours; or
- In a 4-week period of 152 hours.
|
N/A
|
|
Part time
|
Less than 38 hours per week, reasonably predictable hours of work.
|
2 hours
|
|
Casual
|
No guaranteed hours.
|
*Hours of work apply differently to “term-time” employees engaged in out-of-school hours care service, preschool or kindergarten in a school education year.
Shift work:
A shiftworker employee performs work outside the span of ordinary hours.
|
Time of shiftwork
|
FT and PT Employees
(% of minimum hourly rate of pay)
|
Casual Employees
(% of minimum hourly rate of pay; inclusive of casual loading)
|
|
Early morning shift - shift starting at or after 5.00 am and before 6.00 am.
|
110%
|
135%
|
|
Afternoon shift - shift finishing after 6.30 pm and at or before midnight.
|
115%
|
140%
|
|
Night shift - shift finishing after midnight and at or before 8.00 am or shift starting at or before midnight and finishing before 5.00 am.
|
117.5%
|
142.5%
|
|
Night shift (non-rotating) - 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.
|
130%
|
155%
|
Breaks:
Rest period (break between shifts): Minimum of 10 hours* between work one day and work the next day, otherwise paid at overtime rates until a 10 hour break is had.
|
Hours worked per shift
|
Breaks
|
Meal Breaks
|
|
Less than 4 hours
|
No rest break
|
No meal break
|
|
4 hours to 5 hours
|
One ten minute rest break
|
No meal break
|
|
More than 5 hours
|
One 10 minute rest break in each four hours worked at a time.
|
Unpaid meal break of not less than 30 minutes and not more than 60 minutes.**
|
|
More than 7 hours
|
Two ten minute rest break***
|
Unpaid meal break of not less than 30 minutes and not more than 60 minutes.
|
* By mutual agreement the break could be 8 hours.
** An employee may choose to forego a meal break if the continuous shift is not more than 6 hours.
*** An employee may choose to forego one of these rest breaks.
Minimum rates:
|
Employee classification
|
Minimum weekly rates
(FT - Employees)
|
Minimum hourly rate
|
|
Support worker level 1.1 on commencement
|
$910.90
|
$23.97
|
|
Support worker level 2.1 on commencement
|
$944.00
|
$24.84
|
|
Support worker level 2.2 after 1 year
|
$975.00
|
$25.66
|
|
Support worker level 3.1 on commencement
|
$1,032.30
|
$27.17
|
|
Children's services employee level 1.1 on commencement
|
$910.90
|
$23.97
|
|
Children's services employee level 2.1 on commencement
|
$944.00
|
$24.84
|
|
Children's services employee level 2.2 after 1 year
|
$975.00
|
$25.66
|
|
Children's services employee level 3A.1 on commencement
|
$1,016.40
|
$26.75
|
|
Children's services employee level 3A.2 after 1 year
|
$1,032.30
|
$27.17
|
|
Children's services employee level 3.1 on commencement
|
$1,032.30
|
$27.17
|
|
Children's services employee level 3.2 after 1 year
|
$1,067.90
|
$28.10
|
|
Children's services employee level 3.3 after 2 years
|
$1,101.50
|
$28.99
|
|
Children's services employee level 3.4 (Diploma)
|
$1,162.40
|
$30.59
|
|
Children's services employee level 4A.1 on commencement
|
$1,101.50
|
$28.99
|
|
Children's services employee level 4A.2 after 1 year
|
$1,116.90
|
$29.39
|
|
Children's services employee level 4A.3 after 2 years
|
$1,132.10
|
$29.79
|
|
Children's services employee level 4A.4 after 3 years
|
$1,148.00
|
$30.21
|
|
Children's services employee level 4A.5 after 4 years
|
$1,163.30
|
$30.61
|
|
Children's services employee level 4.1 on commencement
|
$1,216.00
|
$32.00
|
|
Children's services employee level 4.2 after 1 year
|
$1,234.60
|
$32.49
|
|
Children's services employee level 4.3 after 2 years
|
$1,253.00
|
$32.97
|
|
Children's services employee level 5A.1 on commencement
|
$1,271.60
|
$33.46
|
|
Children's services employee level 5A.2 after 1 year
|
$1,290.00
|
$33.95
|
|
Children's services employee level 5A.3 after 2 years
|
$1,308.30
|
$34.43
|
|
Children's services employee level 5.1 on commencement
|
$1,271.60
|
$33.46
|
|
Children's services employee level 5.2 after 1 year
|
$1,290.00
|
$33.95
|
|
Children's services employee level 5.3 after 2 years
|
$1,308.30
|
$34.43
|
|
Children's services employee level 5.4
|
$1,313.00
|
$34.55
|
|
Children's services employee level 6A.1 on commencement
|
$1,466.30
|
$38.59
|
|
Children's services employee level 6A.2 after 1 year
|
$1,484.60
|
$39.07
|
|
Children's services employee level 6A.3 after 2 years
|
$1,502.80
|
$39.55
|
|
Children's services employee - Director - level 6.1 on commencement
|
$1,466.30
|
$38.59
|
|
Children's services employee - Director - level 6.2 after 1 year
|
$1,484.60
|
$39.07
|
|
Children's services employee - Director - level 6.3 after 2 years
|
$1,502.80
|
$39.55
|
|
Children's services employee - Director - level 6.4 on commencement
|
$1,558.90
|
$41.02
|
|
Children's services employee - Director - level 6.5 after 1 year
|
$1,573.20
|
$41.40
|
|
Children's services employee - Director - level 6.6 after 2 years
|
$1,592.00
|
$41.89
|
|
Children's services employee - Director - level 6.7 on commencement
|
$1,611.00
|
$42.39
|
|
Children's services employee - Director - level 6.8 after 1 year
|
$1,629.40
|
$42.88
|
|
Children's services employee - Director - level 6.9 after 2 years
|
$1,647.80
|
$43.36
|
Overtime rates:
Payment for overtime work applies differently to employees depending on the employment type, set out as follows.
|
Employment Type
|
First 2 hours, Monday to Friday
(% of minimum hourly rate of pay) plus any applicable all-purpose allowance
|
After 2 hours, Monday to Friday
(% of minimum hourly rate of pay) plus any applicable all-purpose allowance
|
First 2 hours, Saturday
(% of minimum hourly rate of pay) plus any applicable all-purpose allowance
|
After 2 hours, Saturday
(% of minimum hourly rate of pay) plus any applicable all-purpose allowance
|
|
Full-time
|
150%
|
200%
|
150%
|
200%
|
|
Part-time
|
150%
|
200%
|
150%
|
200%
|
|
Casual
|
175%
|
225%
|
175%
|
225%
|
It may be mutually agreed that the employee takes time off instead of being paid for overtime.
Penalty rates
Employees working a day that falls on the weekend or a public holiday receive penalty payments as follows:
|
Time of ordinary hours worked
|
FT and PT Employees
(% of minimum hourly rate of pay)
|
Casual Employees
(% of minimum hourly rate of pay; inclusive of casual loading)
|
|
Saturday
|
150%, for the first 2 hours and 200% thereafter
|
175%, for the first 2 hours and 225% thereafter
|
|
Sunday
|
200%
|
225%
|
|
Public holiday
|
250%
|
275%
|
Allowances:
|
Apprentice training fees and textbook costs reimbursement
|
reimbursement of training fees for prescribed courses and the cost of prescribed textbooks
|
|
Apprentice travel to block release training reimbursement
|
reimbursement for the excess reasonable travel costs incurred in the course of travelling to and from the training
|
|
Broken shift allowance
|
$19.72 for each day on which a broken shift is worked
|
|
Excess fares allowance - working away from usual workplace
|
$16.86 per day
|
|
First aid allowance - Level 1 or Level 2 classification not employed in out-of-school hours care
|
$11.66 per day
|
|
First aid allowance - Level 1 or Level 2 classification employed in out-of-school hours care
|
$1.55 per hour
|
|
Meal allowance
|
$15.09 per occasion
|
|
Laundry & ironing allowance - full-time employees
|
$9.49 per week
|
|
Laundry & ironing allowance - part-time or casual employees
|
$1.90 per day up to a maximum of $9.49 per week
|
|
Laundry allowance (no ironing) - full-time employees
|
$5.98 per week
|
|
Laundry allowance (no ironing) - part-time or casual employees
|
$1.20 per day up to a maximum of $5.98 per week
|
|
Protective clothing and equipment reimbursement
|
reimbursement for the reasonable costs of the protective clothing and equipment incurred
|
|
Special clothing reimbursement
|
Special clothing reimbursement
|
|
Qualifications allowance - Director or Assistant director with Graduate Certificate in Childcare Management or equivalent*
|
$1.73 per hour
|
|
Educational leader allowance - 5 days or more per week
|
$4,412.84 per year
|
|
Educational leader allowance - 4 days per week
|
$3,530.28 per year
|
|
Educational leader allowance - 3 days per week
|
$2,647.71 per year
|
|
Educational leader allowance - 2 days per week
|
$1,765.14 per year
|
|
Educational leader allowance - 1 day per week
|
$882.57 per year
|
|
Vehicle allowance - motor car
|
$0.99 per km
|
|
Vehicle allowance - motorcycle
|
$0.33 per km
|
Apprentices:
Junior apprentice
An employee completing an apprenticeship who has either completed or not completed year 12 receives a percentage of the adult minimum rate for a Children’s Services Employee Level 3.1 in accordance with the year of apprenticeship, as follows.*
|
Year of apprenticeship
|
% of minimum rate for Children’s Services Employee Level 3.1 for apprentices who have not completed year 12
|
% of minimum rate for Children’s Services Employee Level 3.1 for apprentices who have completed year 12
|
Minimum Children’s Services Employee Level 3.1 adult weekly rate
($)
|
Minimum junior apprentice hourly rate - not completed year 12
($)
|
Minimum junior apprentice hourly rate - completed year 12
($)
|
|
Children’s services apprentice - 1st year
|
50%
|
55%
|
1032.30
|
13.59**
|
14.94**
|
|
Children’s services apprentice - 2nd and subsequent years
|
60%
|
65%
|
1032.30
|
16.30**
|
17.66**
|
* A junior apprentice who commenced the apprenticeship before 1 January 2014 will be paid no less than an unapprenticed junior of the same age.
** The minimum junior apprentice rate must not be less than the unapprenticed junior of the same age.
Adult apprentice (Started on or after 1 January 2014)
Adult apprentices who started their apprenticeship on or after 1 January 2014 must receive a rate of pay, as follows.
|
Year of apprenticeship
|
Minimum adult apprentice weekly rate
($)
|
Minimum adult apprentice hourly rate
($)
|
|
Children’s services apprentice - 1st year
|
943.92*
|
24.84*
|
|
Children’s services apprentice - 2nd and subsequent years
|
975.08*
|
25.66*
|
* The adult apprentice rate must be the rate for the lowest adult classification in clause 14.1 or the rate prescribed by clause 14.4 in the Children’s Services Award, whichever is the greater.
Annual leave:
Annual leave is available for full-time and part-time employees. It does not apply to casual employees. Annual leave is provided for in the NES.
Annual leave loading:
Annual leave loading is 17.5%.
Public holidays:
Public holiday entitlements are provided for in the NES.
Recent Changes to Award:
- From 1 November 2022, an Educational Leader’s Allowance will be paid 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 in accordance with the newly inserted provision at Clause 15.8.
- From 1 February 2023, all employees (including casuals) of non-small business employers can access 10 days of paid family and domestic violence leave in a 12 month period.
- From 1 August 2023, all employees (including casuals) of small business employers can access 10 days of paid family and domestic violence leave in a 12 month period.
- The right to superannuation contributions as an entitlement under the National Employment Standards.
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