STATEMENT

Fair Work Act 2009
s.156 – 4 yearly review of modern awards

4 yearly review of modern awards–Children’s Services Award 2010 –Substantive Issues
(AM2018/18)

4 yearly review of modern awards – award stage – group 4 awards – substantive issues –Children’s Services Award 2010

[1] This Statement deals with the substantive claims to vary the Children’s Services Award 2010 (the Children’s Award). A programming mention was held on 9 November 2018 for the Children’s Award, the Aged Care Award 2010 and the Social Community, Home Care and Disability Services Award 2010. A transcript of the Mention is available on the Commission’s website.

[2] The following parties with an interest in the Children’s Award appeared at the Mention:

•  Australian Business Industrial and the NSW Business Chamber and Australian Child Care Alliance (jointly ABI)

•  Business SA

•  Independent Education Union of Australia (IEU)

•  Ms A. Arrabalde

•  United Voice

[3] Prior to the Mention, parties were directed to file draft determinations outlining changes they were seeking to the award. Draft determinations were filed by 1:

•  Ms A Arrabalde

•  United Voice

[4] At the Mention, parties confirmed the substantive claims they intend to pursue. A list of substantive claims is attached to this Statement. (Attachment A).

[5] A Report published on 30 October 2018 noted that there had been general agreement that some of the substantive claims were complex and that there was a degree of overlap with matters being pursued in the Equal Remuneration proceedings. At the Mention, it was common ground that this matter should be heard independently of the Equal Remuneration Proceedings, as there is no overlap between the two proceedings.

[6] However, parties did identify an overlap between a number of the substantive claims in the Children’s Award and some of the substantive claims in the Educational Services (Teachers) Award 2010 (the Teachers Award). A list of substantive claims in the Teachers Award is also attached to this Statement. (Attachment B) A table outlining the claims that appear to overlap in the Children’s Award and the Teachers Award is attached. (Attachment C)

[7] Interested parties are directed to file a short written submission dealing with the accuracy of Attachments A, B and C and how the overlapping claims in the Children’s Award and the Teachers Award are to be dealt with by no later than 4.00 pm on Friday 16 November 2018. Interested parties are also encouraged to have discussion and file draft directions in relation to the matter with by no later than 4.00 pm on Friday 16 November 2018.

[8] A further Mention to discuss the overlap claims in the Children’s Award and the Teachers Award will be held at 9.30 am on Wednesday 28 November 2018. At the Mention parties will be asked to comment on any proposed draft directions and to confirm the contents of Attachments A, B and C.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

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ATTACHMENT A – List of substantive claims in the Children’s Services Award 2010

United Voice seek to vary the award by:

•  introducing a training allowance;

•  inserting a note under the clothing and equipment allowance clause regarding on site laundry facilities;

•  inserting the words “hat, sun protection (including sunscreen lotions)” into the clothing and equipment allowance clause 15.2(c);

•  deleting the higher duties clause or alternatively, amending it to remove the words “(including in-service training)”;

•  reducing the maximum amount of leave without pay for a Christmas close down from 4 to 2 weeks;

•  introducing the following allowances: a weekly allowance for an employee appointed as an educational leader; an hourly allowance for a responsible person physically present at a child care centre; a programming and administrative tasks allowance for children service employees that are required to perform additional programming and administrative duties in addition to their rostered hours; and

•  amending the non-contact time clause by extending non-contact time to 8 hours per week.

The Australian Childcare Alliance, Australian Business Industrial and the New South Wales Business Chamber seek to vary the award by:

•  amending the ordinary hours of work and the rostering clause to provide employers with greater flexibility to change rosters other than with 7 days’ notice and to allow ordinary hours to be worked before 6.00 am or after 6.30 pm.

An Individual seek to vary the award by:

•  insertion of an Educational leadership allowance for employees with educational leadership responsibilities in early childhood education and care settings; and

•  insertion of a Responsible Person allowance.

Business SA seek to vary the award by:

•  amending the casual employment clause by removing the restriction on employing casuals for temporary and relief purposes

ATTACHMENT B – List of substantive claims in the Educational Services (Teachers) Award 2010

United Voice seeks to introduce the following allowances:

•  a weekly allowance for employee appointed as educational leader and

•  an hourly allowance for responsible person physically present at a child care centre.

An individual seeks to vary the award by:

•  extending the Leadership allowance to teachers with educational leadership responsibilities in early childhood education and care settings.

•  including a Responsible person allowance.

ACA and ABI & NSWBC seek to vary the award by:

•  providing employers with greater flexibility to change rosters;

•  allowing ordinary hours in the children's services and early childhood industry to be worked after 6.30pm.

Independent Education Union of Australia seeks:

•  a variation to the definition of “teacher” to ensure the award covers teachers employed as Directors

•  a variation to the award to ensure teachers are only paid the quarter day rate when employed for less than two hours and, correspondingly, paid the half day rate when employed for less than 3.8 hours

•  a variation to the award to cap, at 205, the number of days teachers in distance education can be required to teach.

Attachment C – Overlap between substantive claims in the Children’s Services Award

and the Teachers Award

 1   ABI indicated that they had previously filed a draft determination in the matter, and would refile their draft determination.