| [2019] FWC 2869 |
| FAIR WORK COMMISSION |
STATEMENT |
Fair Work Act 2009
s.156 – 4 yearly review of modern awards
4 yearly review of modern awards–Children’s Services Award 2010 – Educational Services (Teachers) Award 2010 – Substantive Issues
(AM2018/18 and AM2018/20)
JUSTICE ROSS, PRESIDENT |
MELBOURNE, 29 APRIL 2019 |
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 hearing of 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). The hearing is scheduled for Monday 6 May to Thursday 9 May 2019. A Mention is to be held at 9:30am on Tuesday 30 April 2019. The purpose of this Statement is to identify the matters to be dealt with at the Mention.
[2] A Statement issued on 13 November 2018 1 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.
[3] At a Mention on 28 November 2018, it was agreed that there was an overlap between the substantive claims in these two awards. A further Mention was held on 5 December 2018 to deal with the overlap issue. Transcripts from both Mentions are available on the Commission’s website.
[4] 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. 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.
[5] The claims which are the subject of next week’s hearing are attached. The list of substantive claims in the Children’s Services Award is at Attachment A and the list of substantive claims in the Teachers Award is at Attachment B.
[6] Directions were made on 7 March 2019 regarding the filing of written submissions and witness statements or documentary material in relation to these claims. The following material was filed in response to those directions.
[7] Australian Childcare Alliance, ABI and NSWBC (National Outside School Hours Service Alliance)
• Submission – 15 March 2019
• Submission in reply – 16 April 2019
Witness Statements:
• Kathiga Viknarash
• Sarah Elizabeth Tullberg
• Kristen McPhai
• Nicole Louise Llewellyn
• Jae Dean Fraser
• Pam Avril Maclean
• Kerry Joseph Mahony
The following additional witnesses provided statements in ACA and others’ reply submissions:
• Gary Carroll
The following witness statements were amended to include additional information in ACA and others’ reply submissions:
[8] Australian Children’s Education and Care Quality Authority
• Submission – 15 March 2019
[9] Australian Federation of Employers and Industries
• Submission in reply – 17 April 2019
[10] Business SA
• Submission – 19 April 2019
[11] I and E Arrabalde
• Submission – 15 March 2019
[12] Independent Education Union of Australia
• Submission – 15 March 2019
• Submission in reply – 15 April 2019
Witnesses Statements:
• Lisa James – witness statement and annexures
Note: A supplementary statement from Lisa James was provided in IEU’s reply submissions.
[13] United Voice
• Revised draft determinations – Educational Services (Teacher’s) Award – 15 March 2019
• Revised draft determinations – Children’s Services Award – 15 March 2019
• Submission and attachments (note: attachment—ACECQA Guide at tab 44) – 15 March 2019
• Submission in reply – 15 April 2019
Witness Statements:
• Alicia Wade – supplementary statement
• Bronwen Hennessy – supplementary statement
• Pixie Bea – supplementary statement
[14] The purpose of the Mention on Tuesday 30 April 2019 is to settle the scheduling of evidence. For this purpose interested parties will be asked to identify the witnesses required for cross-examination and the duration of cross-examination for each witness.
PRESIDENT
Printed by authority of the Commonwealth Government Printer
<PR707539>
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.