Victorian Government Schools - Early Childhood - Award 2016

Victorian Government Schools - Early Childhood - Award 2016

This Fair Work Commission consolidated modern award incorporates all amendments up to and including 20 June 2019 (PR707595,PR709080).

Clause(s) affected by the most recent variation(s):

Table of Contents

Part 1—Application and Operation

1. Title

2. Commencement

3. Definitions and interpretation

4. Coverage

5. Access to the Award and the National Employment Standards

6. The National Employment Standards and this Award

7. Award flexibility

Part 2—Consultation and Dispute Resolution

8. Consultation regarding major workplace change

9. Dispute resolution process

Part 3—Employment and Related Matters

10. Modes of employment

Termination of employment

11. Classification

12. Hours of work

Part 4—Minimum Wages and Related Matters

13. Minimum wages

14. Court attendance

15. Minimum casual rate of pay

16. Supported wage system

17. Allowances

18. Work related expenses

19. Superannuation

Part 5—Leave and Public Holidays

20. Annual leave

21. Personal/carer’s leave

22. Parental leave

23. War service sick leave

24. Compassionate leave

25. Community service leave

26. Accident pay

27. Public holidays

28. Spouse leave

29. Sabbatical leave

30. Infectious diseases/dangerous medical conditions

31. Protective clothing

Schedule A—Minimum Salary Rates and Related Matters

Schedule B—Supported Wage System

Schedule C—National Training Wage

Appendix C1:Allocation of Traineeships to Wage Levels

Part 1—Application and Operation

1. Title

2. Commencement

3. Definitions and interpretation

4. Coverage

5. Access to the Award and the National Employment Standards

6. The National Employment Standards and this Award

7. Award flexibility

1. Title

This award is the Victorian Government Schools –Early Childhood –Award 2016.

2. Commencement

2.1 This award commences on 15 August 2016.

2.2 The monetary obligations imposed on an Employer by this award may be absorbed into over award payments. Nothing in this award requires an Employer to maintain or increase any over award payment.

2.3 The making of this award is not intended to result in a reduction in the take-home pay of Employees covered by the award. On application by or on behalf of an Employee who suffers a reduction in take-home pay as a result of the making of this award,the Fair Work Commission may make any order it considers appropriate to remedy the situation.

3. Definitions and interpretation

3.1 In this award,unless the contrary intention appears:

      Act means the Fair Work Act 2009 (Cth)

      commencement date means the date specified in clause 2.1

      early childhood educator means a person employed by an Employer to provide education in a kindergarten or pre-school program,but does not include out of school hours or holiday programs or similar services

      early childhood service means a kindergarten or pre-school program established by a school council under Part 2.3,Division 6 of the Education and Training Reform Act 2006 (Vic),but does not include an out of school hours or holiday program or similar service

      early childhood teacher means a person employed by an Employer to plan and deliver an education program to children in a kindergarten or pre-school program,but does not include an out of school hours or holiday program or similar service

      Employee means a person employed by an Employer in a Victorian Government School under Part 2.3,Division 4 of the Education and Training Reform Act 2006 (Vic) in an early childhood service,other than a person who is excluded from the scope of this award by clause 4.2

      Employer means a school council established under Part 2.3,Division 2 of the Education and Training Reform Act 2006 (Vic),which is a State reference public sector employer,insofar as it employs persons covered by this award

      NES means the National Employment Standards as contained in sections 59 to 118,and 123 to 131 of the Act,as they apply subject to s.30H of the Act

      Predecessor awards means the:

      (a) Early Childhood Teachers Interim Award 1999;and

      (b) Educational Services—Early Childhood Assistants—Victoria—Award 1999

      salary means the wage or salary rate,including all on-going progression payments,which an Employee receives in the normal course of his or her duty;provided that Salary does not include any payment for overtime,shiftwork,standby,travelling allowance,incidental expenses or any payment of a temporary character

      standard rate means salary sub-division 1 Early Childhood Teacher,Category A in Schedule A

      Transitional Act means the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth)

      Victorian Referral means the Fair Work (Commonwealth Powers) Act 2009 (Vic),or such other Act of the Victorian Parliament which replaces that Act,as amended from time to time

3.2 Where this award refers to a condition of employment provided for in the NES,the NES definition applies.

4. Coverage

4.1 This State reference public sector modern award covers,to the exclusion of any other award (including any other State reference public sector modern award):

      (a) the Employers,in respect of their employment of the Employees;and

      (b) the Employees,in respect of each Employee's employment by an Employer.

4.2 The award does not cover:

      (a) principals and assistant principals of Victorian Government schools;

      (b) members of the Victorian Government Teaching Service employed under Part 2.4,Division 2 of the Education and Training Reform Act 2006 (Vic);

      (c) any other classes of employees who,because of the nature or seniority of their role,have traditionally not been covered by awards (whether made under laws of the Commonwealth or the States);

      (d) employees who are covered by:

      (i) a modern enterprise award,or an enterprise instrument (within the meaning of the Transitional Act);

      (ii) any other State reference public sector modern award;

      (iii) a State reference public sector transitional award (within the meaning of the Transitional Act) other than the Predecessor awards;

      (e) any person whose employment or engagement is covered by any of the exclusions contained in paragraphs 5(1)(c)–(g) of the Victorian Referral;or

      (f) the Employers in relation to the employees referred to in paragraphs 4.2(a) to (e) above.

5. Access to the Award and the National Employment Standards

The Employers must ensure that copies of this award and the NES are available to all Employees to whom they apply either on a noticeboard,which is conveniently located at or near the workplace,or through electronic means.

6. The National Employment Standards and this Award

6.1 The NES and this award contain the minimum conditions of employment for Employees covered by this award.

6.2 Both the NES and this award only apply to the extent that legislative power in relation to a particular matter is referred to the Commonwealth Parliament by the Victorian Referral.

7. Award flexibility

7.1 Notwithstanding any other provision of this award,an Employer and an individual Employee may agree to vary the application of certain terms of this award to meet the genuine individual needs of the Employer and the individual Employee. The terms an Employer and an individual Employee may agree to vary the application of are those concerning:

      (a) arrangements about when work is performed;

      (b) overtime rates;

      (c) penalty rates;

      (d) allowances;

      (e) leave loading.

7.2 The Employer and the individual Employee must have genuinely made the agreement without coercion or duress. An agreement under this clause can only be entered into after the individual Employee has commenced employment with the Employer.

7.3 The agreement between an Employer and an individual Employee must:

      (a) be confined to a variation in the application of one or more of the terms listed in clause 7.1;and

      (b) result in the Employee being better off overall at the time the agreement is made than the Employee would have been if no individual flexibility agreement had been agreed to.

7.4 An Employer must ensure that the individual flexibility arrangement:

      (a) is in writing;

      (b) includes the name of the Employer and Employee;

      (c) is signed by the Employer and Employee and if the Employee is under 18 years of age,signed by a parent or guardian of the Employee;

      (d) includes details of:

      (i) the terms of the Award that will be varied by the arrangement;

      (ii) how the arrangement will vary the effect of the terms;

      (iii) how the Employee will be better off overall in relation to the terms and conditions of his or her employment as a result of the arrangement;and

      (e) states the day on which the arrangement commences.

7.5 An Employer must give the Employee a copy of the agreement and keep the agreement as a time and wages record.

7.6 Except as provided in clause 7.4(c) the agreement must not require the approval or consent of a person other than an Employer and an Employee.

7.7 The Employer seeking to enter into an agreement must provide a written proposal to the Employee. Where the Employee's understanding of written English is limited the Employer must take measures,including translation into an appropriate language,to ensure the Employee understands the proposal.

7.8 The agreement may be terminated:

      (a) by the Employer or the Employee giving 13 weeks’notice of termination,in writing,to the other party and the agreement ceasing to operate at the end of the notice period;or

      (b) at any time,by written agreement between the Employer and the Employee.

      Note:If any of the requirements of s.144(4),which are reflected in the requirements of this clause,are not met then the agreement may be terminated by either the Employee or the Employer,giving written notice of not more than 28 days (see s.145 of the Fair Work Act 2009 (Cth)).

7.9 The right to make an agreement pursuant to this clause is in addition to,and is not intended to otherwise affect,any provision for an agreement between the Employer and an individual Employee contained in any other term of this award.

Part 2—Consultation and Dispute Resolution

8. Consultation regarding major workplace change

9. Dispute resolution process

8. Consultation regarding major workplace change

8.1 Employer to notify

      (a) Where the Employer has made a definite decision to introduce major changes in production,program,organisation,structure or technology that are likely to have significant effects on Employees,the Employer must notify the Employees who may be affected by the proposed changes and their representatives,if any.

      (b) Significant effects include termination of employment (other than in the case of redundancy);major changes in the composition and operation of the employer’s workforce or the skills required of employees;the alteration of hours of work;the need for retraining or transfer of employees to other work or locations;and the restructuring of jobs. Provided that where this award makes provision for alteration of any of these matters an alteration is deemed not to have significant effect.

8.2 Employer to discuss change

      (a) The Employer must discuss with the Employees affected and their representatives,if any,the introduction of the changes referred to in clause 8.1,the effects the changes are likely to have on Employees and measures to avert or mitigate the adverse effects of such changes on Employees and must give prompt consideration to matters raised by the Employees and/or their representatives in relation to the changes.

      (b) The discussions must commence as early as practicable after a definite decision has been made by the Employer to make the changes referred to in clause 8.1.

      (c) For the purposes of such discussion,the Employer must provide in writing to the Employees concerned and their representatives,if any,all relevant information about the changes including the nature of the changes proposed,the expected effects of the changes on Employees and any other matters likely to affect Employees provided that no Employer is required to disclose confidential information the disclosure of which would be contrary to the Employer’s interests.

8.3 Consultation about changes to rosters or hours of work

      (a) Where the Employer proposes to change an Employee’s regular roster or ordinary hours of work,the Employer must consult with the Employee or Employees affected and their representatives,if any,about the proposed change.

      (b) The Employer must:

      (i) provide to the Employee or Employees affected and their representatives,if any,information about the proposed change (for example,information about the nature of the change to the Employee’s regular roster or ordinary hours of work and when that change is proposed to commence);

      (ii) invite the Employee or Employees affected,and their representatives,if any,to give their views about the impact of the proposed change (including any impact in relation to their family or caring responsibilities);and

      (iii) give consideration to any views about the impact of the proposed change that are given by the Employee or Employees concerned and/or their representatives.

      (c) The requirement to consult under this clause does not apply where an Employee has irregular,sporadic or unpredictable working hours.

      (d) These provisions are to be read in conjunction with other award provisions concerning the scheduling of work and notice requirements.

      (e) For the avoidance of doubt,the requirement to consult under clause 8.3 does not apply:

      (i) to school timetabling;or

      (ii) to overtime.

9. Dispute resolution process

In the event of a dispute or grievance about a matter under this award or the NES the following processes will apply:

9.1 In the first instance the parties must attempt to resolve the matter at the workplace by discussions between the Employee or Employees concerned and the Employer’s representative at the workplace.

9.2 An Employer or Employee may appoint another person,organisation or association to accompany and/or represent them for the purposes of this clause.

9.3 While the dispute resolution procedure is being conducted,work must continue in accordance with this award and the Act. Subject to applicable occupational health and safety legislation,an Employee must not unreasonably fail to comply with a direction by an Employer to perform work,whether at the same or another workplace,that is safe and appropriate for the Employee to perform.

9.4 Where a dispute or grievance is not settled under clause 9.1,any party to the dispute or grievance may refer the dispute or grievance to the formal dispute or grievance resolution process established by the Employer. Where the dispute or grievance is outside the power or jurisdiction of the process established by the Employer,this subclause does not operate.

9.5 Where a dispute or grievance has been referred by any party to the dispute and grievance resolution process under clause 9.4,and the matter remains unresolved,a party to the dispute or grievance may refer the matter to the Fair Work Commission. In this clause a matter is unresolved if a party is aggrieved by or does not accept the outcome of the grievance resolution process.

9.6 The Fair Work Commission may exercise any method of dispute resolution permitted by the Act that it considers appropriate to ensure the settlement of the dispute.

Part 3—Employment and Related Matters

10. Modes of employment

Termination of employment

11. Classification

12. Hours of work

10. Modes of employment

10.1 Employees may be employed ongoing or fixed term,either full-time or part-time,or on a casual basis.

10.2 A part-time Employee will receive salary,leave and other entitlements under this award on a pro rata basis,other than the reimbursement of work related expenses in accordance with clause 18.

10.3 A casual Employee receives payment and entitlements in accordance with clause 15.

Termination of employment

10.4 Notice of termination is provided for in the NES. This clause of the award provides industry specific detail and supplements the NES that deals with termination of employment.

10.5 Notice of termination by an employer - teachers

      The employment of an employee (other than a casual employee) will not be terminated without at least four weeks’notice (inclusive of the notice required under the NES),or four preschool term weeks in the case of a preschool employee,or the payment of four weeks’salary instead of notice. If the employee is over 45 years of age and has completed at least two years of service the NES notice period will apply.

10.6 Notice of termination by an employee

      The notice of termination required to be given by an employee is the same as that required of an employer except that there is no requirement on the employee to give additional notice based on the age of the employee concerned. If an employee fails to give the required notice the employer may withhold from any monies due to the employee on termination under this award or the NES,an amount not exceeding the amount the employee would have been paid under this award in respect of the period of notice required by this clause less any period of notice actually given by the employee.

10.7 Job search entitlement

      Where an employer has given notice of termination to an employee,an employee must be allowed up to one day’s time off without loss of pay for the purpose of seeking other employment. The time off is to be taken at times that are convenient to the employee after consultation with the employer.

10.8 Exclusions

      Employees who are excluded from coverage of the notice of termination provisions in the NES are also excluded from coverage of the notice of termination provisions in this award.

10.9 Statement of service - teachers

      Upon the termination of employment of an employee (other than a casual employee) the employer will provide upon the request of the employee,a statement of service setting out the commencement and cessation dates of employment.

10.10 Termination of casual employment —teachers

      On termination of casual employment,the employer will indicate on the employee’s service card the length of service with the employer. Upon request a casual employee will also be given a statement setting out the number of days of duty worked by the employee during the period of the engagement.

11. Classification

11.1 Employees may be employed within the categories of employment detailed in Schedule A.

11.2 Early Childhood Educators are employed in accordance with the Dimensions of Work detailed in clause A.2.

12. Hours of work

12.1 The ordinary hours of work for full-time Employees will average 76 hours per fortnight.

12.2 The ordinary hours of work for an Early Childhood Educator will be performed from Monday to Friday between 7.00 am and 6.00 pm,unless the Employer and Employee agree otherwise.

12.3 An Employee is entitled to an unpaid meal break,free of assigned duties,for a period of not less than 30 minutes no later than five hours from commencing work,other than an Early Childhood Teacher,where the break will be not less than 45 minutes,unless the Employer and Employee agree otherwise.

12.4 Time for support duties –educator

      An employee performing the duties of an Early Childhood Assistant under the general direction of an Early Childhood Teacher is entitled in addition to the period children attend the kindergarten program to 45 minutes to undertake support duties (e.g. preparation,pack up or other duties relating to their work with children).

Part 4—Minimum Wages and Related Matters

13. Minimum wages

14. Court attendance

15. Minimum casual rate of pay

16. Supported wage system

17. Allowances

18. Work related expenses

19. Superannuation

13. Minimum wages

13.1 An Employee will be paid not less than the minimum rate specified for his or her classification level under Schedule A.

13.2 The minimum hourly rate payable to an early childhood teacher is calculated as follows:

      Minimum salary under Schedule A � 260.893 � 7.6

13.3 The minimum salary for an Early Childhood Teacher is salary sub-division 1 of the salary range in Schedule A,plus an additional salary sub-division for each 12 month period of continuous employment as an Early Childhood Teacher,subject to;

      (a) the minimum salary for an Early Childhood Teacher with a four year early childhood teaching qualification,or equivalent,will be Category A of Schedule A;and

      (b) the minimum salary for an Early Childhood Teacher with an early childhood teaching qualification of less than four years will be Category B of Schedule A;and

      (c) where employment is for less than 40 hours per fortnight,a salary sub-division will apply for each 24 months of continuous employment as an Early Childhood Teacher.

13.4 The minimum salary for an Early Childhood Educator is the Early Childhood Educator –Level 1,subject to;

      (a) where the position typically requires a Certificate 3 level qualification,the minimum salary rate will be Early Childhood Educator –Level 3;

      (b) progression to a higher classification level is subject to an Early Childhood Educator having 12 months experience at his or her current level,having met the competency requirements of that level and having demonstrated the capacity to acquire the skills and competency levels of the next level.

13.5 An Early Childhood Teacher is entitled to payment during school vacation periods,subject to;

      (a) payment for a school vacation period is subject to an Early Childhood Teacher having worked all of a school term,provided that sick leave and public holidays are treated as time worked;

      (b) payment under clause 13.5 is inclusive of any entitlement to annual leave under clause 20.1;and

      (c) any period of leave without pay,or where the Early Childhood Teacher has not been employed,a pro rata payment for the school vacation periods,during a school year,will be applied.

13.6 An Early Childhood Educator may be employed at a salary that is not less than 46/52 of the salary provided for in Schedule A,subject to:

      (a) receiving payment during school vacation periods;

      (b) payment under clause 13.6 is inclusive of any entitlement to annual leave under clause 20.1;and

      (c) any period of leave without pay,or where the Early Childhood Educator has not been employed,a pro rata payment for the school vacation periods,during a school year,will be applied.

13.7 An Employee may salary package employment benefits in lieu of salary as approved by an Employer.

13.8 Payment to a trainee Early Childhood Educator,under this Award,will be in accordance with Schedule C—National Training Wage.

13.9 Recognition of prior service as an early childhood teacher on appointment

      The minimum salary applicable to an Early Childhood Teacher who,on appointment,has prior approved early childhood teaching experience will be an additional salary sub-division for each 12 month period of approved service,subject to:

      (a) where there has been a break in employment as an Early Childhood Teacher of greater than 18 months,there will be a deduction of one salary sub-division from the assessed minimum commencement salary;and

      (b) where prior employment as an Early Childhood Teacher was at less than 40 hours per fortnight,24 months prior service is required for each salary sub-division.

14. Court attendance

An Employee's attendance at court as a Crown witness or under subpoena or summons in his or her official capacity will be treated as duty for salary purposes,subject to presentation of evidence that he or she attended court.

15. Minimum casual rate of pay

A person employed on a casual basis will be paid an hourly rate (calculated in accordance with clause 13.2) that is not less than the minimum hourly rate applicable to their classification level under Schedule A (in the case of an Early Childhood Teacher,at sub-division 1),plus a 25% loading. Payment of a 25% loading is in lieu of any entitlement to paid leave,and public holidays under this award.

16. Supported wage system

An Employee employed under a supported wage system will receive payment in accordance with Schedule B.

17. Allowances

17.1 First aid allowance

      An Early Childhood Educator who holds an appropriate first aid qualification and is required by the Employer to undertake first aid duties will be paid an annual allowance of not less 1.41% of the standard rate.

17.2 Early Childhood Teacher in charge allowance

      An Early Childhood Teacher in charge of a centre comprising two or more units,including a pre-school play unit,will receive an additional annual allowance equivalent to 3.85% of the standard rate. This allowance is payable while the Early Childhood Teacher has an in charge responsibility for the units,including between school vacation periods,provided it is a single continuous period.

17.3 Early Childhood Educator in charge allowance

      An Early Childhood Educator,required to work a complete session without a qualified Early Childhood Teacher,or equivalent,will be paid an allowance for that session equal to 2.90% of the weekly rate applying to the standard rate.

17.4 Salary loading allowance

      (a) Subject to clause 17.4(c),an Employee is entitled to be paid,on a date determined by an Employer,a salary loading allowance each year equivalent to 17.5% of 4 weeks of the total salary to which he or she is normally entitled as at 1 December of the year in which the allowance is paid.

      (b) Employees with part-time service during the relevant year will be paid a pro rata salary loading allowance based on the aggregate of the Employee’s paid service over the 12 months preceding the date determined under clause 17.4(a).

      (c) An Employee with less than a complete year of service will be paid a pro rata salary loading allowance based on the aggregate of the Employee’s service over the 12 months preceding the date determined under clause 17.4(a).

17.5 Cleaning allowance

      An Early Childhood Educator who,as part of his or her regular daily duties,is required to undertake general cleaning,including the cleaning of toilets and closets,will be entitled to an annual allowance of 0.94% of the standard rate.

17.6 Saturday,Sunday and Public Holiday Work

      (a) An Early Childhood Teacher who is required to work on a Saturday will be paid a rate not less than the minimum hourly rate applicable under Schedule A,plus 50% (time and a half) for the first three hours and the minimum hourly rate applicable under Schedule A,plus 100% (double time),thereafter.

      (b) An Early Childhood Educator who is required to work on a:

      (i) Saturday will be paid a rate not less than the minimum hourly rate applicable under Schedule A,plus 50% (time and a half) for the first two hours and not less than the minimum hourly rate applicable Schedule A,plus 100% (double time),thereafter;

      (ii) Sunday will be paid a rate of not less than the minimum hourly rate applicable under Schedule A,plus 100% (double time);and

      (iii) Public Holiday will be paid a rate of not less than the minimum hourly rate applicable under Schedule A,plus 150% (double time and a half).

17.7 Overtime

      An Early Childhood Educator

      (a) subject to clause 17.7(b),who is required to work hours additional to his or her normal hours of duty will be paid for the additional hours a rate not less than the minimum hourly rate applicable under Schedule A,plus 50% (time and a half) for the first two hours and not less than the minimum hourly rate applicable under Schedule A,plus 100% (double time),thereafter;or

      (b) with the consent of the Employer,elect to take time off in lieu of the additional time worked at not less than an hour for each hour worked.

18. Work related expenses

18.1 An Employee will be reimbursed for his or her reasonable out of pocket expenses where:

      (a) the expense was actually and necessarily incurred in the course of his or her authorised duties;

      (b) prior approval to incur the expense was given;and

      (c) reimbursement will only be made where expenditure was incurred.

18.2 An Employee who is required to travel in excess of the distance he or she would normally travel from their home to workplace will be reimbursed at a rate that is not less than the rates notified by the Australian Tax Office from time to time.

18.3 An Employee required to work after 6.00 p.m. will be paid a meal allowance that will be not less than that determined by the Australian Taxation Office,from time to time,or provided with a meal.

19. Superannuation

19.1 Superannuation legislation

      (a) Superannuation legislation,including the Superannuation Guarantee (Administration) Act 1992 (Cth),the Superannuation Guarantee Charge Act 1992 (Cth),the Superannuation Industry (Supervision) Act 1993 (Cth) and the Superannuation (Resolution of Complaints) Act 1993 (Cth),deals with the superannuation rights and obligations of employers and employees. Under superannuation legislation individual employees generally have the opportunity to choose their own superannuation fund. If an Employee does not choose a superannuation fund,any superannuation fund nominated in the award covering the Employee applies.

      (b) The rights and obligations in these clauses supplement those in superannuation legislation.

19.2 Employer contributions

      An Employer must make such superannuation contributions to a superannuation fund for the benefit of an Employee as will avoid the Employer being required to pay the superannuation guarantee charge under superannuation legislation with respect to that Employee.

19.3 Voluntary employee contributions

      (a) Subject to the governing rules of the relevant superannuation fund,an Employee may,in writing,authorise their Employer to pay on behalf of the Employee a specified amount from the post-taxation wages of the Employee into the same superannuation fund as the Employer makes the superannuation contributions provided for in clause 19.2.

      (b) An Employee may adjust the amount the Employee has authorised their Employer to pay from the wages of the Employee from the first of the month following the giving of 3 months’written notice to their Employer.

      (c) The Employer must pay the amount authorised under clauses 19.1(a) and (b) no later than 28 days after the end of the month in which the deduction authorised under clauses 19.1(a) or (b) was made.

19.4 Superannuation fund

      Unless,to comply with superannuation legislation,the Employer is required to make the superannuation contributions provided for in clause 19.2 to another superannuation fund that is chosen by the Employee,the Employer must make the superannuation contributions provided for in clause 19.2 and pay the amount authorised under clauses 19.1(a) and (b) to one of the following superannuation funds or its successor:

      (a) VicSuper;or

      (b) AustralianSuper;or

      (c) any superannuation fund to which the Employer was making superannuation contributions for the benefit of its Employees before 12 September 2008,provided the superannuation fund is an eligible choice superannuation fund and is a fund that offers a MySuper product or is an exempt public sector superannuation scheme;or

      (d) a superannuation fund or scheme of which the Employee is a defined benefit member.

Part 5—Leave and Public Holidays

20. Annual leave

21. Personal/carer’s leave

22. Parental leave

23. War service sick leave

24. Compassionate leave

25. Community service leave

26. Accident pay

27. Public holidays

28. Spouse leave

29. Sabbatical leave

30. Infectious diseases/dangerous medical conditions

31. Protective clothing

20. Annual leave

20.1 Annual leave is provided for in the NES. The provisions of this clause apply in addition to the NES.

20.2 For the purposes of this Award,most leave entitlements are expressed in hours,not days. For the avoidance of doubt,20 days of annual leave under the NES equates to 152 hours for full-time Employees covered by this Award.

20.3 Service for the accrual of annual leave will not include:

      (a) subject to clause 20.3(b),any period of leave without pay that aggregates more than 1 month within a 12 month period;

      (b) any period of sick leave without pay,continuous or otherwise that aggregates more than 3 months within a 12 month period.

20.4 Except where otherwise approved by the Employer,an Employee must take annual leave at times when children are not in attendance.

21. Personal/carer’s leave

21.1 Personal/carer’s leave is provided for in the NES. The provisions of this clause apply in addition to the NES.

21.2 An Employee is entitled to 114 hours personal leave (inclusive of personal leave entitlements under the NES) per annum,which will be cumulative.

21.3 Service for the accrual of personal/carer’s leave will not include:

      (a) subject to clause 21.3(b),any period of leave without pay that aggregates more than 1 month within a 12 month period;

      (b) any continuous period of leave without pay for sickness or injury that exceeds 1 month.

22. Parental leave

22.1 Parental leave is provided for in the NES. The provisions of this clause apply in addition to the NES.

22.2 Maternity leave

      A female Employee who has at least 26 weeks’paid service within the previous 12 months of employment will be entitled to 12 weeks’paid maternity leave,to be taken in connection with the birth of her baby.

22.3 Partner leave

      An Employee who is the spouse or de facto partner of a woman who gives birth to a baby,who has at least 12 months’continuous paid service,will be entitled to 1 weeks’paid partner leave in connection with the birth of a child for whom the Employee has accepted responsibility,to be taken either before and/or after the birth. An Employee whose spouse or de facto partner was pregnant will also be entitled to 1 weeks’paid partner leave if the mother of the child has a miscarriage of her pregnancy where it has advanced to at least 20 weeks. An Employee entitled to leave under clause 22.2 or 22.4 is not entitled to leave under clause 22.3.

22.4 Adoption leave

      An Employee who has been approved for the adoption of a child,if adoption occurs,will be entitled to 6 weeks’paid adoption leave provided he or she is the primary care giver or 1 weeks’paid adoption leave where he or she is the secondary care giver. Adoption leave can be taken either before and/or after the adoption. An Employee entitled to leave under clauses 22.2 or 22.3 is not entitled to leave under this clause 22.4.

22.5 Special maternity leave

      (a) An Employee will be entitled to the equivalent of 12 weeks’paid maternity leave if she has a miscarriage of her pregnancy where it has advanced to at least 20 weeks.

      (b) Where an Employee is suffering from an illness not related to the direct consequences of the confinement,she may take any paid personal/carer’s leave to which she is entitled in lieu of,or in addition to,maternity leave related to a miscarriage of her pregnancy.

      (c) Where an Employee not then on maternity leave suffers illness related to her pregnancy,she may take any paid personal carer's leave to which she is then entitled and such further maternity leave related to a miscarriage of her pregnancy. The aggregate of paid personal/carer's leave and maternity leave,including parental leave taken by a spouse,may not exceed 52 weeks in accordance with the NES (or such longer total period as provided in the NES).

      (d) Where leave is granted under clause 22.5,during the period of leave an Employee may return to work at any time,as agreed between the Employer and the Employee provided that time does not exceed 4 weeks from the recommencement date desired by the Employee.

23. War service sick leave

23.1 For the purposes of this subclause "accepted war-caused disability"means accepted by the Department of Veterans Affairs as being a war caused disability;

23.2 An Employee who has an accepted war-caused disability,will,apart from any personal leave which may be standing to his or her credit,be credited with 114 hours (15 days) war service sick leave in respect of each year of service from and inclusive of 1 August 1962 up to a maximum credit of 760 hours (100 days).

23.3 Where the Employer is satisfied that the illness of an Employee with at least 6 months’service is directly related to,or is aggravated by,an accepted war-caused disability that Employee will be granted war service sick leave to the extent credited in accordance with clause 23.2.

24. Compassionate leave

24.1 Compassionate leave is provided for in the NES. The provisions of this clause apply in addition to the NES.

24.2 Leave on full pay of up to three days may be granted to an Employee on the occasion of the death of a member of his or her immediate family or household,inclusive of compassionate leave entitlements under the NES.

25. Community service leave

25.1 Community service leave is provided for in the NES. The provisions of this clause apply in addition to the NES

25.2 An Employee who is required to appear and serve as juror under the Juries Act 2000 (Vic) will be entitled to leave with pay for the period during which his or her attendance at court is required.

26. Accident pay

26.1 Subject to clause 26.2,an Employee who is absent from duty as a result of sustaining an injury in respect of which the Employee is entitled to weekly payments of compensation under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic) will receive make up pay equal to the pay the Employee would receive for paid leave less the amount of the weekly payments of compensation (make up pay).

26.2 Make-up pay ceases when the:

      (a) Employee is paid a disability benefit under the State Superannuation Act 1988 (Vic) or under a similar provision in any other Act which requires the State of Victoria to contribute as an employer;or

      (b) Employee has been absent from work for either a continuous period of 52 weeks or an aggregate period of 261 working days (including any public holiday an Employee,but for that public holiday,would be required to work) or an aggregate period of 1,983 hours;or

      (c) Employee’s employment is lawfully terminated.

26.3 An Employee is not entitled to personal leave with pay during any period he or she is in receipt of weekly compensation payments under the Workplace Injury Rehabilitation and Compensation Act 2013 (Vic).

27. Public holidays

Public holidays are provided for in the NES.

28. Spouse leave

Leave without pay from three to 12 months will be granted once every three years to an Employee whose spouse,as a consequence of pursuing his or her occupation,is required to shift residence interstate or overseas.

29. Sabbatical leave

29.1 The Employer may grant an Employee sabbatical leave on 80% of salary subject to the Employee agreeing to have his or her salary reduced by 20% for the relevant work period,and the Employee entering an agreement with the Employer covering the terms and conditions of the sabbatical leave.

29.2 Sabbatical leave will be taken immediately following the completion of the relevant work period during which salary was reduced under clause 29.1.

30. Infectious diseases/dangerous medical conditions

30.1 Upon a report by a registered medical practitioner that,by reason of contact with a person suffering from an infectious disease and through the operation of restrictions imposed by law in respect of such disease,an Employee is unable to attend work,the Employer may grant the Employee special leave of absence with pay. The period of leave must not be for any period beyond the earliest date at which it would be practicable for the Employee to return to work having regard to the restrictions imposed by law.

30.2 Where the Employer reasonably believes that the Employee is in such state of health as to render the Employee a danger to other Employees,the Employer may require the Employee to absent himself or herself from the workplace until the Employee obtains and provides to the Employer a report from a registered medical practitioner. Upon receipt of the medical report,the Employer may direct the Employee to be absent from duty for a specified period or,if already on leave,direct such Employee to continue on leave for a specified period. Any such absence of an Employee must be regarded as sick leave.

31. Protective clothing

Where an Employee is required to wear a uniform or protective clothing,including rubber gloves for cleaning,the Employer will provide such clothing or reimburse the Employee in accordance with clause 18.

Schedule A—Minimum Salary Rates and Related Matters

[Varied by PR592255,PR606478,PR707595]

[A.1 varied by PR592255,PR606478,PR707595 ppc 01Jul19]

A.1 Employees covered by this Award will be paid at a rate not less than the following annual salaries applying to a full-time Employee:

Classification

Minimum rate
$

Minimum rate
$

Early Childhood Teacher

Category A

Category B

        Sub-division 8

61,101

57,511

        Sub-division 7

59,371

55,540

        Sub-division 6

57,511

54,381

        Sub-division 5

55,540

52,864

        Sub-division 4

54,381

51,185

        Sub-division 3

52,864

50,522

        Sub-division 2

51,185

49,427

        Sub-division 1

50,522

48,897

Early Childhood Educator

  

Early Childhood Educator –Level 6

43,938

 

Early Childhood Educator –Level 5

43,618

 

Early Childhood Educator –Level 4

43,319

 

Early Childhood Educator –Level 3

42,995

Certificate 3 or higher

Early Childhood Educator –Level 2

42,661

 

Early Childhood Educator –Level 1

42,313

 

   

A.2 Dimensions of Work—Early Childhood Educator

A.2.1 Early Childhood Educator - Level 1

      (a) To have a comprehensive knowledge of the Children’s Services Regulations 1998 and the Children’s Services Act 1996 and adhere to its requirements at all times.

      (b) To have a good understanding of the policies and procedures of the employer and assist in their implementation.

      (c) To have the ability to take direction.

      (d) Under direct supervision:

      ●Assist in the implementation of the daily routine

      ●Have a good understanding of and participate when required in emergency procedures.

      ●Assist with the preparation,general cleanliness (non-industrial) and cleaning up and packing away of activities.

      ●Attend to the physical,social and emotional needs of children on an individual and group basis.

      ●Achieve a warm and friendly relationship with children that is supportive and responsive to their needs.

      ●Assist in developing good relations with families attending the service.

      ●Work positively and appropriately with all staff and parents,individual committee members and the employer in the provision of services.

A.2.2 Early Childhood Educator—Level 2

      Under general supervision,to undertake all tasks of preceding level as required plus:

      ●Complete routine tasks and activities without constant direction.

      ●To have an understanding of and contribute to the development and implementation of the program planned for the children.

      ●To have undertaken appropriate professional development related to work which may include on-the-job and/or off-site support.

A.2.3 Early Childhood Educator—Level 3

      Under limited supervision,to undertake all tasks of preceding levels as required plus:

      ●Undertake general observation of children,and report findings to the kindergarten teacher as appropriate.

      ●Assist in working with individuals and small groups of children,both spontaneous and organised.

      ●Encourage parents to participate in the program and the service’s activities.

      ●To have undertaken appropriate professional development related to work which may include on-the-job and/or off-site support.

A.2.4 Early Childhood Educator—Level 4

      Under limited supervision,to undertake all tasks of preceding levels as required plus:

      ●Foster play and cognitive development in children.

      ●Work with individual children and with both small and large groups of children.

      ●Assist in taking observations of children.

      ●To have undertaken appropriate professional development related to work which may include on-the-job and/or off-site support.

A.2.5 Early Childhood Educator—Level 5

      Under occasional supervision,to undertake all tasks of preceding levels as required plus:

      ●Undertake written observations of children as required.

      ●Liaise,under direction with parents around issues concerning their individual children and general kindergarten matters as required.

      ●To have undertaken appropriate professional development related to work which may include on-the-job and/or off-site support.

A.2.6 Early Childhood Educator—Level 6

      Under occasional supervision,to undertake all tasks of preceding levels as required plus:

      ●Undertake detailed written observations of children as required.

      ●Use observations and records to actively assist in the development and implementation of aspects of the program as required.

      ●To have undertaken appropriate professional development related to work which may include on-the-job and/or off-site support.

Schedule B—Supported Wage System

[Sched B varied by PR592689,PR606630,PR709080]

B.1 This schedule defines the conditions which will apply to employees who because of the effects of a disability are eligible for a supported wage under the terms of this award.

B.2 In this schedule:

      approved assessor means a person accredited by the management unit established by the Commonwealth under the supported wage system to perform assessments of an individual’s productive capacity within the supported wage system

      assessment instrument means the tool provided for under the supported wage system that records the assessment of the productive capacity of the person to be employed under the supported wage system

      disability support pension means the Commonwealth pension scheme to provide income security for persons with a disability as provided under the Social Security Act 1991,as amended from time to time,or any successor to that scheme

      relevant minimum wage means the minimum wage prescribed in this award for the class of work for which an employee is engaged

      supported wage system means the Commonwealth Government system to promote employment for people who cannot work at full award wages because of a disability,as documented in the Supported Wage System Handbook. The Handbook is available from the following website:www.jobaccess.gov.au

      SWS wage assessment agreement means the document in the form required by the Department of Social Services that records the employee’s productive capacity and agreed wage rate

B.3 Eligibility criteria

B.3.1 Employees covered by this schedule will be those who are unable to perform the range of duties to the competence level required within the class of work for which the employee is engaged under this award,because of the effects of a disability on their productive capacity and who meet the impairment criteria for receipt of a disability support pension.

B.3.2 This schedule does not apply to any existing employee who has a claim against the employer which is subject to the provisions of workers compensation legislation or any provision of this award relating to the rehabilitation of employees who are injured in the course of their employment.

B.4 Supported wage rates

B.4.1 Employees to whom this schedule applies will be paid the applicable percentage of the relevant minimum wage according to the following schedule:

    Assessed capacity (clause B.5)

    %

    Relevant minimum wage

    %

    10

    10

    20

    20

    30

    30

    40

    40

    50

    50

    60

    60

    70

    70

    80

    80

    90

    90

[B.4.2 varied by PR592689,PR606630,PR709080 ppc 01Jul19]

B.4.2 Provided that the minimum amount payable must be not less than $87 per week.

B.4.3 Where an employee’s assessed capacity is 10%,they must receive a high degree of assistance and support.

B.5 Assessment of capacity

B.5.1 For the purpose of establishing the percentage of the relevant minimum wage,the productive capacity of the employee will be assessed in accordance with the Supported Wage System by an approved assessor,having consulted the employer and employee and,if the employee so desires,a union which the employee is eligible to join.

B.5.2 All assessments made under this schedule must be documented in an SWS wage assessment agreement,and retained by the employer as a time and wages record in accordance with the Act.

B.6 Lodgement of SWS wage assessment agreement

B.6.1 All SWS wage assessment agreements under the conditions of this schedule,including the appropriate percentage of the relevant minimum wage to be paid to the employee,must be lodged by the employer with the Fair Work Commission.

B.6.2 All SWS wage assessment agreements must be agreed and signed by the employee and employer parties to the assessment. Where a union which has an interest in the award is not a party to the assessment,the assessment will be referred by the Fair Work Commission to the union by certified mail and the agreement will take effect unless an objection is notified to the Fair Work Commission within 10 working days.

B.7 Review of assessment

The assessment of the applicable percentage should be subject to annual or more frequent review on the basis of a reasonable request for such a review. The process of review must be in accordance with the procedures for assessing capacity under the supported wage system.

B.8 Other terms and conditions of employment

Where an assessment has been made,the applicable percentage will apply to the relevant minimum wage only. Employees covered by the provisions of this schedule will be entitled to the same terms and conditions of employment as other workers covered by this award on a pro rata basis.

B.9 Workplace adjustment

An employer wishing to employ a person under the provisions of this schedule must take reasonable steps to make changes in the workplace to enhance the employee’s capacity to do the job. Changes may involve re-design of job duties,working time arrangements and work organisation in consultation with other workers in the area.

B.10 Trial period

B.10.1 In order for an adequate assessment of the employee’s capacity to be made,an employer may employ a person under the provisions of this schedule for a trial period not exceeding 12 weeks,except that in some cases additional work adjustment time (not exceeding four weeks) may be needed.

B.10.2 During that trial period the assessment of capacity will be undertaken and the percentage of the relevant minimum wage for a continuing employment relationship will be determined.

[B.10.3 varied by PR592689,PR606630,PR709080 ppc 01Jul19]

B.10.3 The minimum amount payable to the employee during the trial period must be no less than $87 per week.

B.10.4 Work trials should include induction or training as appropriate to the job being trialled.

B.10.5 Where the employer and employee wish to establish a continuing employment relationship following the completion of the trial period,a further contract of employment will be entered into based on the outcome of assessment under clause B.5.

Schedule C—National Training Wage

[Varied by PR592255,PR606478,PR707595]

C.1 Title

This is the National Training Wage Schedule.

C.2 Definitions

In this schedule:

      adult trainee is a trainee who would qualify for the highest minimum wage in Wage Level A,B or C if covered by that wage level

      approved training means the training specified in the training contract

      Australian Qualifications Framework (AQF) is a national framework for qualifications in post-compulsory education and training

      out of school refers only to periods out of school beyond Year 10 as at the first of January in each year and is deemed to:

      (a) include any period of schooling beyond Year 10 which was not part of or did not contribute to a completed year of schooling;

      (b) include any period during which a trainee repeats in whole or part a year of schooling beyond Year 10;and

      (c) not include any period during a calendar year in which a year of schooling is completed

      relevant State or Territory training authority means the bodies in the relevant State or Territory which exercise approval powers in relation to traineeships and register training contracts under the relevant State or Territory vocational education and training legislation

      relevant State or Territory vocational education and training legislation means the following or any successor legislation:

      Australian Capital Territory:Training and Tertiary Education Act 2003;

      New South Wales:Apprenticeship and Traineeship Act 2001;

      Northern Territory:Northern Territory Employment and Training Act 1991;

      Queensland:Vocational Education,Training and Employment Act 2000;

      South Australia:Training and Skills Development Act 2008;

      Tasmania:Vocational Education and Training Act 1994;

      Victoria:Education and Training Reform Act 2006;or

      Western Australia:Vocational Education and Training Act 1996

      trainee is an employee undertaking a traineeship under a training contract

      traineeship means a system of training which has been approved by the relevant State or Territory training authority,which meets the requirements of a training package developed by the relevant Industry Skills Council and endorsed by the National Quality Council,and which leads to an AQF certificate level qualification

      training contract means an agreement for a traineeship made between an employer and an employee which is registered with the relevant State or Territory training authority

      training package means the competency standards and associated assessment guidelines for an AQF certificate level qualification which have been endorsed for an industry or enterprise by the National Quality Council and placed on the National Training Information Service with the approval of the Commonwealth,State and Territory Ministers responsible for vocational education and training,and includes any relevant replacement training package

      year 10 includes any year before Year 10

C.3 Coverage

C.3.1 Subject to clauses C.3.2 to C.3.6 of this schedule,this schedule applies in respect of an employee covered by this award who is undertaking a traineeship whose training package and AQF certificate level is allocated to a wage level by Appendix C1 to this schedule or by clause C.5.4 of this schedule.

C.3.2 This schedule only applies to AQF Certificate Level IV traineeships for which a relevant AQF Certificate Level III traineeship is listed in Appendix C1 to this schedule.

C.3.3 This schedule does not apply to the apprenticeship system or to any training program which applies to the same occupation and achieves essentially the same training outcome as an existing apprenticeship in an award as at 25 June 1997.

C.3.4 This schedule does not apply to qualifications not identified in training packages or to qualifications in training packages which are not identified as appropriate for a traineeship.

C.3.5 Where the terms and conditions of this schedule conflict with other terms and conditions of this award dealing with traineeships,the other terms and conditions of this award prevail.

C.3.6 At the conclusion of the traineeship,this schedule ceases to apply to the employee.

C.4 Types of Traineeship

The following types of traineeship are available under this schedule:

C.4.1 a full-time traineeship based on 38 ordinary hours per week,with 20% of ordinary hours being approved training;and

C.4.2 a part-time traineeship based on less than 38 ordinary hours per week,with 20% of ordinary hours being approved training solely on-the-job or partly on-the-job and partly off-the-job,or where training is fully off-the-job.

C.5 Minimum Wages

[C.5 substituted by PR592255,PR606478,PR707595 ppc 01Jul19]

C.5.1 Minimum wages for full-time traineeships

      (a) Wage Level A

      Subject to clause C.5.3 of this schedule,the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix C1 are:

     

    Highest year of schooling completed

     

    Year 10

    Year 11

    Year 12

     

    per week

    per week

    per week

     

    $

    $

    $

    School leaver

    332.80

    366.50

    436.60

    Plus 1 year out of school

    366.50

    436.60

    508.10

    Plus 2 years out of school

    436.60

    508.10

    591.30

    Plus 3 years out of school

    508.10

    591.30

    677.00

    Plus 4 years out of school

    591.30

    677.00

     

    Plus 5 or more years out of school

    677.00

      

      (b) Wage Level B

      Subject to clause C.5.3 of this schedule,the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by Appendix C1 are:

     

    Highest year of schooling completed

     

    Year 10

    Year 11

    Year 12

     

    per week

    Per week

    per week

     

    $

    $

    $

    School leaver

    332.80

    366.50

    424.80

    Plus 1 year out of school

    366.50

    424.80

    488.60

    Plus 2 years out of school

    424.80

    488.60

    573.10

    Plus 3 years out of school

    488.60

    573.10

    653.70

    Plus 4 years out of school

    573.10

    653.70

     

    Plus 5 or more years out of school

    653.70

      

      (c) Wage Level C

      Subject to clause C.5.3 of this schedule,the minimum wages for a trainee undertaking a full-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by Appendix C1 are:

     

    Highest year of schooling completed

     

    Year 10

    Year 11

    Year 12

     

    per week

    per week

    per week

     

    $

    $

    $

    School leaver

    332.80

    366.50

    424.80

    Plus 1 year out of school

    366.50

    424.80

    478.20

    Plus 2 years out of school

    424.80

    478.20

    534.30

    Plus 3 years out of school

    478.20

    534.30

    595.20

    Plus 4 years out of school

    534.30

    595.20

     

    Plus 5 or more years out of school

    595.20

      

      (d) AQF Certificate Level IV traineeships

      (i) Subject to clause C.5.3 of this schedule,the minimum wages for a trainee undertaking a full-time AQF Certificate Level IV traineeship are the minimum wages for the relevant full-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.

      (ii) Subject to clause C.5.3 of this schedule,the minimum wages for an adult trainee undertaking a full-time AQF Certificate Level IV traineeship are as follows,provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:

      Wage level

      First year of traineeship

      Second and subsequent years of traineeship

       

      per week

      per week

       

      $

      $

      Wage Level A

      703.20

      730.40

      Wage Level B

      678.40

      704.40

      Wage Level C

      617.40

      640.70

C.5.2 Minimum wages for part-time traineeships

      (a) Wage Level A

      Subject to clauses C.5.2(f) and C.5.3 of this schedule,the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level A by Appendix C1 are:

     

    Highest year of schooling completed

     

    Year 10

    Year 11

    Year 12

     

    per hour

    per hour

    per hour

     

    $

    $

    $

    School leaver

    10.95

    12.07

    14.37

    Plus 1 year out of school

    12.07

    14.37

    16.73

    Plus 2 years out of school

    14.37

    16.73

    19.45

    Plus 3 years out of school

    16.73

    19.45

    22.26

    Plus 4 years out of school

    19.45

    22.26

     

    Plus 5 or more years out of school

    22.26

      

      (b) Wage Level B

      Subject to clauses C.5.2(f)and C.5.3 of this schedule,the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level B by Appendix C1 are:

     

    Highest year of schooling completed

     

    Year 10

    Year 11

    Year 12

     

    per hour

    per hour

    per hour

     

    $

    $

    $

    School leaver

    10.95

    12.07

    13.99

    Plus 1 year out of school

    12.07

    13.99

    16.08

    Plus 2 years out of school

    13.99

    16.08

    18.87

    Plus 3 years out of school

    16.08

    18.87

    21.52

    Plus 4 years out of school

    18.87

    21.52

     

    Plus 5 or more years out of school

    21.52

      

      (c) Wage Level C

      Subject to clauses C.5.2(f) and C.5.3 of this schedule,the minimum wages for a trainee undertaking a part-time AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Level C by Appendix C1 are:

     

    Highest year of schooling completed

     

    Year 10

    Year 11

    Year 12

     

    per hour

    per hour

    per hour

     

    $

    $

    $

    School leaver

    10.95

    12.07

    13.99

    Plus 1 year out of school

    12.07

    13.99

    15.73

    Plus 2 years out of school

    13.99

    15.73

    17.57

    Plus 3 years out of school

    15.73

    17.57

    19.58

    Plus 4 years out of school

    17.57

    19.58

     

    Plus 5 or more years out of school

    19.58

      

      (d) School-based traineeships

      Subject to clauses C.5.2(f) and C.5.3 of this schedule, the minimum wages for a trainee undertaking a school-based AQF Certificate Level I–III traineeship whose training package and AQF certificate levels are allocated to Wage Levels A,B or C by Appendix C1 are as follows when the trainee works ordinary hours:

    Year of schooling

    Year 11 or lower

    Year 12

    per hour

    per hour

    $

    $

    10.95

    12.07

      (e) AQF Certificate Level IV traineeships

      (i) Subject to clauses C.5.2(f) and C.5.3 of this schedule,the minimum wages for a trainee undertaking a part-time AQF Certificate Level IV traineeship are the minimum wages for the relevant part-time AQF Certificate Level III traineeship with the addition of 3.8% to those minimum wages.

      (ii) Subject to clauses C.5.2(f) and C.5.3 of this schedule,the minimum wages for an adult trainee undertaking a part-time AQF Certificate Level IV traineeship are as follows,provided that the relevant wage level is that for the relevant AQF Certificate Level III traineeship:

      Wage level

      First year of traineeship

      Second and subsequent years of traineeship

       

      per hour

      per hour

       

      $

      $

      Wage Level A

      23.12

      24.03

      Wage Level B

      22.29

      23.15

      Wage Level C

      20.31

      21.08

      (f) Calculating the actual minimum wage

      (i) Where the full-time ordinary hours of work are not 38 or an average of 38 per week,the appropriate hourly minimum wage is obtained by multiplying the relevant minimum wage in clauses C.5.2(a)(e) of this schedule by 38 and then dividing the figure obtained by the full-time ordinary hours of work per week.

      (ii) Where the approved training for a part-time traineeship is provided fully off-the-job by a registered training organisation,for example at school or at TAFE,the relevant minimum wage in clauses C.5.2(a)(e) of this schedule applies to each ordinary hour worked by the trainee.

      (iii) Where the approved training for a part-time traineeship is undertaken solely on-the-job or partly on-the-job and partly off-the-job,the relevant minimum wage in clauses C.5.2(a)(e) of this schedule minus 20% applies to each ordinary hour worked by the trainee.

C.5.3 Other minimum wage provisions

      (a) An employee who was employed by an employer immediately prior to becoming a trainee with that employer must not suffer a reduction in their minimum wage per week or per hour by virtue of becoming a trainee. Casual loadings will be disregarded when determining whether the employee has suffered a reduction in their minimum wage.

      (b) If a qualification is converted from an AQF Certificate Level II to an AQF Certificate Level III traineeship,or from an AQF Certificate Level III to an AQF Certificate Level IV traineeship,then the trainee must be paid the next highest minimum wage provided in this schedule,where a higher minimum wage is provided for the new AQF certificate level.

C.5.4 Default wage rate

      The minimum wage for a trainee undertaking an AQF Certificate Level I–III traineeship whose training package and AQF certificate level are not allocated to a wage level by Appendix C1 is the relevant minimum wage under this schedule for a trainee undertaking an AQF Certificate to Level I–III traineeship whose training package and AQF certificate level are allocated to Wage Level B.

C.6 Employment conditions

C.6.1 A trainee undertaking a school-based traineeship may,with the agreement of the trainee,be paid an additional loading of 25% on all ordinary hours worked instead of paid annual leave,paid personal/carer’s leave and paid absence on public holidays,provided that where the trainee works on a public holiday then the public holiday provisions of this award apply.

C.6.2 A trainee is entitled to be released from work without loss of continuity of employment and to payment of the appropriate wages to attend any training and assessment specified in,or associated with,the training contract.

C.6.3 Time spent by a trainee,other than a trainee undertaking a school-based traineeship,in attending any training and assessment specified in,or associated with,the training contract is to be regarded as time worked for the employer for the purposes of calculating the trainee’s wages and determining the trainee’s employment conditions.

      Note:The time to be included for the purpose of calculating the wages for part-time trainees whose approved training is fully off-the-job is determined by clause C.5.2(f)(ii) and not by this clause.

C.6.4 Subject to clause C.3.5 of this schedule, all other terms and conditions of this award apply to a trainee unless specifically varied by this schedule.

Appendix C1:Allocation of Traineeships to Wage Levels

The wage levels applying to training packages and their AQF certificate levels are:

C1.1 Wage Level A

    Training package

    AQF certificate level

    Aeroskills

        II

    Aviation

        I
        II
        III

    Beauty

        III

    Business Services

        I
        II
        III

    Chemical,Hydrocarbons and Refining

        I
        II
        III

    Civil Construction

        III

    Coal Training Package

        II
        III

    Community Services

        II
        III

    Construction,Plumbing and Services Integrated Framework

        I
        II
        III

    Correctional Services

        II
        III

    Drilling

        II
        III

    Electricity Supply Industry—Generation Sector

        II
        III (in Western Australia only)

    Electricity Supply Industry—Transmission,Distribution and Rail Sector

        II

    Electrotechnology

        I
        II
        III (in Western Australia only)

    Financial Services

        I
        II
        III

    Floristry

        III

    Food Processing Industry

        III

    Gas Industry

        III

    Information and Communications Technology

        I
        II
        III

    Laboratory Operations

        II
        III

    Local Government (other than Operational Works Cert I and II)

        I
        II
        III

    Manufactured Mineral Products

        III

    Manufacturing

        I
        II
        III

    Maritime

        I
        II
        III

    Metal and Engineering (Technical)

        II
        III

    Metalliferous Mining

        II
        III

    Museum,Library and Library/Information Services

        II
        III

    Plastics,Rubber and Cablemaking

        III

    Public Safety

        III

    Public Sector

        II
        III

    Pulp and Paper Manufacturing Industries

        III

    Retail Services (including wholesale and Community pharmacy)

        III

    Telecommunications

        II
        III

    Textiles,Clothing and Footwear

        III

    Tourism,Hospitality and Events

        I
        II
        III

    Training and Assessment

        III

    Transport and Distribution

        III

    Water Industry (Utilities)

        III

C1.2 Wage Level B

    Training package

    AQF certificate level

    Animal Care and Management

        I
        II
        III

    Asset Maintenance

        I
        II
        III

    Australian Meat Industry

        I
        II
        III

    Automotive Industry Manufacturing

        II
        III

    Automotive Industry Retail,Service and Repair

        I
        II
        III

    Beauty

        II

    Caravan Industry

        II
        III

    Civil Construction

        I

    Community Recreation Industry

        III

    Entertainment

        I
        II
        III

    Extractive Industries

        II
        III

    Fitness Industry

        III

    Floristry

        II

    Food Processing Industry

        I
        II

    Forest and Forest Products Industry

        I
        II
        III

    Furnishing

        I
        II
        III

    Gas Industry

        I
        II

    Health

        II
        III

    Local Government (Operational Works)

        I
        II

    Manufactured Mineral Products

        I
        II

    Metal and Engineering (Production)

        II
        III

    Outdoor Recreation Industry

        I
        II
        III

    Plastics,Rubber and Cablemaking

        II

    Printing and Graphic Arts

        II
        III

    Property Services

        I
        II
        III

    Public Safety

        I
        II

    Pulp and Paper Manufacturing Industries

        I
        II

    Retail Services

        I
        II

    Screen and Media

        I
        II
        III

    Sport Industry

        II
        III

    Sugar Milling

        I
        II
        III

    Textiles,Clothing and Footwear

        I
        II

    Transport and Logistics

        I
        II

    Visual Arts,Craft and Design

        I
        II
        III

    Water Industry

        I
        II

C1.3 Wage Level C

    Training package

    AQF certificate level

    Agri-Food

        I

    Amenity Horticulture

        I
        II
        III

    Conservation and Land Management

        I
        II
        III

    Funeral Services

        I
        II
        III

    Music

        I
        II
        III

    Racing Industry

        I
        II
        III

    Rural Production

        I
        II
        III

    Seafood Industry

        I
        II
        III

   

About this document
(1)
Code:
MA000152
Title:
Victorian Government Schools - Early Childhood - Award 2016
Effective:
20 Jun 2019
Updated:
23 Jun 2019
Instrument Type:
Modern Award
(3)
Victorian Government Schools - Early Childhood - Award 2016
Victorian Government Schools - Early Childhood - Award 2016
Victorian Government Schools - Early Childhood - Award 2016
Victorian Government Schools - Early Childhood - Award 2016
(1)
(1)
20 Aug 2016
Related Information
1.0.10.0