Children’s Services Award Guide [MA000120]

  ・  Sarah
Children’s Services Award Guide [MA000120]

Table of content

  1. What is the Children’s Services Award?
  2. Who is entitled to the Children’s Services Award?
  3. How is the shiftwork arranged in the Children’s Services Award?
  4. How are wages and allowances calculated in the Children’s Services Award?
  5. How is the leave managed in the Children’s Services Award?
  6. How to keep in compliance with the Children’s Services Award?
  7. How can Workstem assist you?

This article provides guidelines on the Australian Children’s Services Award package. For more information on this award, please refer to the Children’s Services Award [MA000120].

What is the Children’s Services Award?

The Children’s Services Award is a legal regulation in Australia that sets out the minimum employment standards and conditions for employers and employees in the childcare industry.

It covers various roles within the industry, including daycare workers, nursery staff, family-based childcare providers, out of school hours care workers, kindergarten teachers, and pre-school educators.

The award aims to ensure that employees in the childcare industry are treated fairly and receive reasonable pay and entitlements for their work.

Who is entitled to the Children’s Services Award?

Coverage

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

Examples of the children services and early childhood education industry include:

  • long day care
  • occasional care
  • 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
  • early childhood intervention programs.

Examples of employees covered by the Children’s Services Award include:

  • child care workers
  • room leaders, co-ordinators, assistant directors and directors
  • support workers doing tasks such as cooking, cleaning, laundry, driving, gardening, maintenance and administrative duties.

The award also covers labour hire businesses and their employees who are placed with an organisation in the children’s services and early childhood education industry

Types of employment

An employee covered by this award must be one of the following:

Full-Time Employee

 Part-Time Employee Casual Employee
Engaged to work 38 ordinary hours per week, or an average of 38 hours worked over either a 76-hour fortnight or 152 hours per four weeks. Engaged to work a specific number of hours, fewer than 38 ordinary hours and has reasonably predictable hours of work.

There are no guaranteed working hours.

The Award does not generally cover

The following employers and employees are not covered by the Children’s Services Award:

  • carers in family day care
  • qualified preschool and early childhood teachers
  • child minders employed by fitness centres
  • early childhood physical education program providers.

The Children’s Services Award doesn’t cover employers and employees when they are covered by one of the following awards:

  • Educational Services (Schools) General Staff Award
  • Higher Education General Staff Award
  • Local Government Award
  • Social and Community Services Award.

How is the shiftwork arranged in the Children’s Services Award?

 Shiftwork

Shift

 Details

Loading

Early morning shift

 any shift commencing at or after 5.00 am and before 6.00 am. 10%

Afternoon shift

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

 15%
Night shift 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.

17.5%
Night shift, non-rotating 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.

30%

Hours of Work

Ordinary hours can be worked:

  • will be an average of 38 hours per week over a one, two or four week cycle
  • 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)

Breaks

Hours worked

 Paid tea (rest) break Unpaid meal break
4 hours to 5 hours Employees will be entitled to a paid rest period of 10 minutes

Employees receive one meal break of not less than 30 minutes and not more than 60 minutes (noting that employees who are engaged for a shift of 6 hours or less may elect to forego a meal break).
7 or more Employees are entitled to two 10-minute paid rest breaks, unless they choose to waive one.

How are wages and allowances calculated in the Children’s Services Award?

Minimum rates

Classification

 Minimum weekly rate Minimum hourly rate

$

$

Support Worker

Level 1.1

 On commencement 878.00 23.11

Level 2.1

 On commencement 909.90

23.94
Level 2.2 After 1 year* 939.80

24.73
Level 3.1 On commencement 995.00

26.18

Children’s Services Employee

Level 1.1

 On commencement 878.00

23.11

Level 2.1

 On commencement 909.90 23.94

Level 2.2

 After 1 year* 939.80 24.73
Level 3A.1** On commencement 979.70

25.78
Level 3A.2** After 1 year 995.00

26.18

Level 3.1

 On commencement 995.00 26.18

Level 3.2

 After 1 year* 1029.30

27.09
Level 3.3 After 2 years* 1061.70

27.94
Level 3.4 (Diploma) 1120.40

29.48

Level 4A.1

 On commencement 1061.70

27.94

Level 4A.2

 After 1 year* 1076.50 28.33
Level 4A.3 After 2 years* 1091.20

28.72
Level 4A.4 After 3 years* 1106.50

29.12

Level 4A.5

 After 4 years* 1121.30 29.51

Level 4.1

 On commencement 1172.00

30.84
Level 4.2 After 1 year* 1190.00

31.32
Level 4.3 After 2 years* 1207.70

31.78

Level 5A.1

 On commencement 1225.60 32.25

Level 5A.2

 After 1 year* 1243.40

32.72
Level 5A.3 After 2 years* 1261.00

33.18

Level 5.1

 On commencement 1225.60 32.25

Level 5.2

 After 1 year* 1243.40

32.72
Level 5.3 After 2 years* 1261.00

33.18

Level 5.4***

 1265.50 33.30

Level 6A.1

 On commencement 1413.30

37.19
Level 6A.2 After 1 year* 1430.90

37.66
Level 6A.3 After 2 years* 1448.50

38.12

Children’s Services Employee—Director
Level 6.1 On commencement 1413.30

37.19
Level 6.2 After 1 year* 1430.90

37.66

Level 6.3

 After 2 years* 1448.50 38.12

Level 6.4

 On commencement 1502.60 39.54

Level 6.5

 After 1 year* 1516.30

39.90
Level 6.6 After 2 years* 1534.50

40.38
Level 6.7 On commencement 1552.80

40.86
Level 6.8 After 1 year * 1570.50

41.33
Level 6.9 After 2 years* 1588.20

41.79

Overtime rates

The overtime rate payable to an employee depends on the time at which the overtime is worked:

For overtime worked on

 Full- and part-time employees
(% of ordinary hourly rate)		 Casual employees
(% of ordinary hourly rate)

Monday to Friday – first 2 hours

 150%

175%
Monday to Friday – after 2 hours 200%

225%

Penalty Rates

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

Rostered Shift

Penalty Rate

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).
Sunday

200% of their ordinary rate for all hours.
Sunday

250% of their ordinary rate for all hours.

Allowance

Allowance

Details

Broken Shift allowance
  • Where an employee works two separate shifts in a day, they will be paid an allowance of 1.91% of the standard rate per day for each day on which a broken shift is worked.

Clothing and Equipment allowance
  • Employers must reimburse employees for the cost of any special clothing required for work, unless the employer already pays for it.
  • If an employee is required to launder work clothing, they must be paid an allowance of either $9.49 per week or $1.90 per day (if ironing is required), or $5.98 per week or $1.20 per day (if no ironing is required).
  • Employers must either provide or reimburse employees for the cost of any necessary protective clothing or equipment, such as hats, sunscreen, goggles, aprons, or gloves, with reimbursement limited to reasonable costs.

Excess Fares allowance 
  • Employees working away from their usual workplace will receive a $16.28 daily allowance for excess fares, unless the employer offers free suitable transport.

First Aid allowance
  • An employee below Level 3 with a recognized first aid qualification administering first aid to children will receive an allowance of 1.13% of the standard rate per day, or 0.15% of the standard rate per hour for out-of-school hours care.
  •  If a qualified nurse is present at all times, a first aid officer does not need to be appointed.
  • If an employee is required to act as a first aid officer but does not have current qualifications, the employer must pay for the required training.

Meal allowance
  • If an employee is required to work overtime for more than two hours without prior notice, the employer must provide a meal or pay an allowance of $14.16.
  • If the employee can reasonably go home for a meal within the given time, no meal allowance is payable.

Qualification allowance
  • A Director or Assistant Director with a Graduate Certificate in Childcare Management is eligible for an all-purpose allowance of 5% of the weekly rate for an Assistant Director.

Use of own vehicle allowance
  • Motor car – $0.96 per kilometre
  • Motorcycle – $0.32 per kilometre

Educational leader allowance
  • An employee fulfilling the responsibilities of an educational leader as per Regulation 118 of the Education and Care Services National Regulations 2011 will receive an annual allowance of $4253.32.
  • If an employee acts as an educational leader for less than 5 days per week, the allowance in clause 15.8(a) will be paid pro-rata based on the number of days per week the employee is serving as an educational leader.

How is the leave managed in the Children’s Services Award?

In the Children’s Services Award, leave entitlements for employees are determined by the National Employment Standards (NES) and the classification of the employee.

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

  • An annual leave loading of 17.5% of their ordinary pay rate; or
  • The weekend and shift penalties the employee would have received if they weren’t on leave during that period.

Personal Leave

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

Public holidays

Public holiday entitlements are provided for in the NES.Employees and employers can agree to substitute another day or part-day for a public holiday or part-day public holiday under the National Employment Standards (NES).

  • When an employee works on a public holiday, they are entitled to be paid for a minimum of 4 hours of work, regardless of how long they actually work.
  • For shiftworkers, if a shift is spread across a public holiday and a non-public holiday, they are entitled to be paid for a minimum number of hours per shift, even if they don’t work the full shift.
  • If an employee needs to work on a public holiday, they may substitute an alternative day off, provided that it has been agreed in writing between the employer and employee.

How to keep in compliance with the Children’s Services Award?

To comply with the Children’s Services Award in Australia, businesses in the Children’s Services can follow:

Minimum wage

 Employers must pay their employees at least the minimum wage set by the Fair Work Commission.

Superannuation

 Employers are obligated to make superannuation contributions on behalf of their eligible employees, which includes calculating and paying the correct amount on time.
Taxation

Businesses must accurately calculate and withhold income tax from employee wages, regularly passing the amount to the ATO.
‍Record-keeping 

Employers are required to maintain comprehensive records relating to employee pay, taxes, superannuation and entitlements

How can Workstem assist you?

Workstem is a one-stop payroll & HR platform with an award interpretation module and customised attendance formulas that ensure Children’s Services employers stay compliant with Fair Work regulations. The platform simplifies HR processes, reduces administrative burdens, and offers a user-friendly interface for small businesses and large enterprises alike.

Experience the benefits of Workstem for yourself!

Book a Demo

Share

Related Posts

All you need to know: Casual Employment Information Statement (CEIS)
All you need to know: Casual Employment Information Statement (CEIS)
Starting from 26 August 2024, the Closing Loopholes Bill introduced substantial changes to casual employment. These updates represent some of the m...
Read More
Payroll Compliance for Casual Employees in Australia 2024
Payroll Compliance for Casual Employees in Australia 2024
In 2024, payroll compliance remains a huge focus for businesses in Australia. Both the Fair Work Act and Modern Awards outline strict regulations t...
Read More
What Can We Learn from Businesses : SCHADS Award 2024 Compliance
What Can We Learn from Businesses : SCHADS Award 2024 Compliance
Modern awards can be tricky, especially for medium to large businesses in Australia’s Social, Community, Hospitality and Disability sector. This mo...
Read More

Leave a Reply

Your email address will not be published. Required fields are marked *