Children's Services Award

Coverage is industry based, but it is not automatic. The first task is to confirm the business sits inside clause 4.1 and outside the listed exclusions.

• Check that the business is in the children's services and early childhood education industry.
• Then check whether one of the named excluded awards covers the employer's primary functions instead.
• Do not skip the separate enterprise award, enterprise instrument and State reference public sector exclusions.

Labour hire and trainees are not a shortcut around the award. The classification question still matters after the coverage question.

• On-hire arrangements can still be covered while the employee is performing work in the industry.
• Group training employers can also be covered when apprentices or trainees are hosted in the industry.
• The employee still needs to fit the relevant classification stream, including the special cook rule in clause 14.1(a)(ii).

Part-time setup is a major compliance point in this award. Poor onboarding paperwork usually causes later roster and overtime disputes.

• Tell employees whether they are full-time, part-time or casual when they are engaged.
• For part-time employees, record the regular pattern in writing, including hours, days and actual start and finish times.
• Use the award's written variation and notice rules before changing the agreed pattern.

The award regulates both the averaging of hours and the notice needed for roster changes. Managers should not treat childcare rosters as informal.

• Full-time ordinary hours average 38 per week over a one, two or four week cycle.
• Ordinary hours are worked between Monday and Friday, generally within the 6.00 am to 6.30 pm span, with up to 10 hours in one day by agreement.
• Post an accessible roster and give 7 days notice of rostered hour changes unless the award allows a shorter path.

Non-contact time is not optional spare capacity. It is a specific roster entitlement for identified education functions.

• Employees responsible for developmental programming get non-contact time.
• Employees appointed as Educational Leader also get non-contact time.
• Where both functions are performed, the entitlements accumulate and should be rostered deliberately where possible.

Classification and small allowance items are the main payroll risk areas under this award. Both depend on the actual work and the way the work is organised.

• Use the correct classification stream for children's services employees, support workers and qualifying cooks.
• Check broken shift, clothing, laundering and protective equipment obligations whenever the roster or dress requirements change.
• Do not rely on informal job titles when fixing minimum rates.

Travel, first aid and flexibility questions should be dealt with by the award's own wording, not by custom or assumption.

• If an employee is directed to work away from their normal place of work, check the excess fares rule.
• If an employee below Level 3 is required to administer first aid and holds the required qualification, check the first aid allowance rule.
• Keep any flexibility arrangement genuine, written and better off overall, and remember the NES still applies alongside the award.

PR810424, PR799280, PR799400, PR799555, PR811403

The current consolidated award incorporates these recent variation determinations. Use the consolidated wording when checking any affected clause, schedule, rate or allowance.

Affected: 14 - Minimum wages, 15 - Allowances, Schedule C - Supported Wage System, Schedule I - Classification Translation Arrangements