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Four yearly review of modern awards

Educational Services (Teachers) Award 2020 & Children’s Services Award 2010
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Four yearly review of modern awards

Four yearly review of modern awards

2 November 2020

On the 10 June 2020, 29 September 2020 and 28 October 2020, the Full Bench of the Fair Work Commission ('Commission'), as part of the Four Yearly Modern Award Review process, issued final decisions dealing with substantive claims to vary the Educational Services (Teachers) Award 2020 (the Award) and the Children’s Services Award 2010 (the Award).

The various changes to the Awards will be listed below with the impacted Award and implementation date for the changes:


1. CASUAL MINIMUM ENGAGEMENT

Award Impacted: Educational Services (Teachers) Award 2020


What are the changes?

  • Clause 17.5(c) was deleted and replaced with an updated 17.5(c). The clause prescribes that casual employees must be paid for a 2-hour, 4-hour or full-day rate minimum. Where they are required to work for more than 2 hours and up to 4 hours, you need to pay 4 hours. Where they are required to work for more than 4 hours and up to a full day, you need to pay the full day rate. This change is to simplify the complex method of paying casuals for quarter and half days.
  • A table will be inserted Schedule B (Clause B.1.3.) to show what the 2-hour and 4-hour amounts are. For example:
 
Level 2-hour rate 4-hour rate
Level 1 66.10 132.20
 

When do the changes come into effect?

The determination comes into operation from the first full pay period that starts on or after 1 November 2020.

To view the final decision and determination in full click here.


2. CLOTHING AND EQUIPMENT ALLOWANCE

Award Impacted: Children’s Services Award 2010


What are the changes?

  • Clause 15.2 was deleted and replaced with an updated clause 15.2. The new clause includes ‘hats and sun protection (including sunscreen)’ in the definition of protective equipment, requiring employers to either provide these items or reimburse the employee. The updated clause also acknowledges that any ‘reimbursement will be limited to reasonable costs incurred’.

To view the final decision please click here.


When do the changes come into effect?

The determination comes into operation from the first full pay period that starts on or after 1 November 2020.
 

3. NON- CONTACT TIME CLAUSE

Award Impacted: Children’s Services Award 2010


What are the changes?

  • Clause 21.5 was deleted and replaced with an updated clause 21.5. The new clause provides that Educational Leaders will now receive an additional 2 hours non- contact time (on top of the 2 hours currently provided to all educators) in all centres regardless of size. So, they will be entitled to a minimum 4 hours non- contact time per week.

To view the final Decision please click here.


When do the changes come into effect?

The determination comes into operation from the first full pay period that starts on or after 1 November 2020.


4. ROSTERING CLAUSE

Award Impacted: Children’s Services Award 2010


What are the changes?

  • Clause 21.7(b) was deleted and replaced with an updated clause 21.7(b). The new clause provides employers with the ability to vary rosters through a written agreement which may be by any electronic means of communication.
  • The ability to vary rosters through electronic means is also reflected in changes to the Part Time Employment clause by deleting clause 10.4(d) and inserting an updated clause 10.4(d).
  • Other amendments to the clauses are by way of simplification rather than seeking to change their effect.

To view the final Decision please click here.


When do the changes come into effect?

The determination comes into operation from the first full pay period that starts on or after 1 November 2020.


5. HIGHER DUTIES CLAIM

Award Impacted: Children’s Services Award 2010


What are the changes?

  • Varying the higher duties clause by deleting clause 18.1(e) altogether so that an employee who is required to perform higher duties (to replace a colleague who is attending paid training) is paid higher duties (currently they do not get paid higher duties).


When do the changes come into effect?

The Commission has not released an implementation date for when employers will need to start paying employees who engage in higher duties whilst another employee is attending training, but we believe an implementation date will be released shortly.


6. RESPONSIBLE LEADER AND RESPONSIBLE PERSON ALLOWANCE CLAIMS

Award Impacted: Educational Services (Teachers) Award 2020 and Children’s Services Award 2010


What are the changes?

  • Claim to insert a new allowance for employees assigned to be the Educational Leader ($62 - $105 per week) or Responsible Person ($3-$6 per hour).
  • Claim has not been determined and will be decided after the decision in the Equal Remuneration Order/ Work Value case is handed down. We do not have an indication of when this will occur at this stage.
  • If it is implemented, we will keep you informed as soon as the matter progresses as we know this will have a significant impact on the wages you pay and how allowances are programmed into your payroll system for Responsible Persons and Educational Leaders.


Further information

The changes mentioned in this circular will be reflected in the copy of the modern award that can be downloaded from your client Doxsure account. To view the full list of modern awards, click here.

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