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 and AM2018/20)

4 yearly review of modern awards – award stage – group 4 awards – substantive issues –Children’s Services Award 2010 –Educational Services (Teachers) Award 2010.

[1] This Statement deals with the substantive claims to vary the Children’s Services Award 2010 (the Children’s Services Award) and the Educational Services (Teachers) Award 2010 (the Teachers Award).

[2] A Statement was issued on 13 November 2018 1 that dealt with the substantive claims to vary the Children’s Services Award, and highlighted an overlap between a number of those claims and the substantive claims in the Teachers Award. Parties were requested to file short written submissions dealing with the issues, and programming mentions were held on 28 November 2018 and 5 December 2018. Transcripts from both Mentions are available on the Commission’s website.

[3] At the 28 November 2018 Mention, it was agreed that there was an overlap between the substantive claims in the Children’s Services Award and the Teachers Award. A further Mention was held on 5 December 2018 to deal with the overlap issue. The following parties with an interest in the Children’s Services Award and the Teachers Award appeared at the 5 December Mention:

•  Independent Education Union of Australia (IEU)

•  Australian Childcare Alliance, Australian Business Industrial and the New South Wales Business Chamber, National Outside School Hours Services Alliance and Junior Adventure Group (jointly ABI)

•  United Voice

•  Community Connections Solutions Australia (CCSA)

•  Australian Federation of Employers and Industry (AFEI)

•  E. Arrabalde (appearing as an individual)

[4] Prior to the 5 December 2018 Mention, interested parties filed a joint report,² outlining their position that all the substantive claims in the Children’s Award and all the substantive claims in the Teachers Award (apart from the IEU’s claims) be heard together as they impact the Childcare Industry. The IEU’s claims were omitted from this joint report as the IEU had filed a separate submission 3 indicating they did not agree to the proposal that the claims be heard together.

[5] Following the Mention, the IEU filed a further submission 4 agreeing to have two of their claims, one relating to the definition of teachers and one relating to ‘quarter days’ heard in conjunction with the claims relating to the Children’s Services Award.

[6] As agreed by the interested parties, all substantive claims relating to the Children’s Services Award (AM2018/18) and the Teacher’s Award (AM2018/20) will be heard together by the same Full Bench, with the exception of the IEU’s claim regarding teachers in distance education. Substantive claims to vary the Children’s Services Award are set out at Attachment A to this Statement. Substantive claims to vary the Teacher’s Award are set out at Attachment B to this Statement.

[7] The IEU’s claim regarding teachers in distance education will heard in the second half of 2019 along with any other substantive matters in the Children’s Services Award and the Teacher’s Award.

[8] Draft Directions were filed by the interested parties prior to the 5 December 2018 Mention along with the joint report. In their submission of 7 December 2018, the IEU requested a variation of one week to the scheduling to allow for the school holiday annual close down. Given that the hearing will take place on 6-8 May 2019 each of the filing dates have been moved to provide all parties with some additional time to file submissions, evidence and documentary material in support of their respective positions. Final Directions are attached to this Statement.

[9] A further Mention will be held at 9:30am on Tuesday 30 April 2019.

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.

DIRECTIONS

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

4 yearly review of modern awards–Award stage–Group 4 awards–Substantive Issues
(AM2018/18 and AM2018/20)

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

It is directed that:

1. Interested parties pursuing a substantive claim in the Children’s Services Award 2010 and the Educational Services (Teachers) Award 2010 (outlined in Statement [2018] FWC 7505) and any other interested party supporting those claims shall file comprehensive written submissions and any witness statements or documentary material on which the party seeks to rely by 4.00 pm on Friday 8 March 2019.

2. Any party opposing those substantive claims shall file comprehensive written submissions and any witness statements or documentary material on which the party seeks to rely, by 4.00pm on Friday 12 April 2019.

3. Any party pursuing a substantive claim and any other interested party supporting those claims shall file any reply evidence, written submissions and evidence in reply by 4.00pm on Friday 26 April 2019.

4. All submissions (in Word format) must be sent to [email protected].

5. A Mention will be held at 9:30am on Tuesday 30 April 2019.

6. The matter will be heard on Monday 6 May 2019 - Wednesday 8 May 2019 inclusive, in Sydney (9 May 2019 reserved).

7. Liberty to apply.

PRESIDENT

 1   [2018] FWC 6953

2 Parties that endorsed the Joint Report are ACA, ABI, NSWBC, United Voice, National Outside School Hours Services Alliance, Junior Adventures Group Pty Ltd, I. Arrabalde and E Arrabalde, Community Connections Solutions Australia and the Australian Federation of Employers and Industry.

 3   IEU submission, 4 December 2018

 4   IEU submission, 7 December 2018