Keeping Up With Modern Awards: Upcoming Changes to the Children’s Services Award, to come into effect 1 November 2020

The Fair Work Commission is currently undertaking their four-yearly review of the modern awards, under section 156 of the Fair Work Act 2009.

Most recently, on 19 October 2020, the Fair Work Commission made a determination in relation to the Children Services Award 2010. This determination added to the decisions made on 10 June 2020 and 29 September 2020.

The 29 September decision left the commission with four outstanding issues to resolve, which included the following:

1. Part time employment – the means of communicating ad hoc agreed changes;
2. Educational Leaders – additional 2 hours non-contact time per week;
3. Minimum engagement (no substantial changes, just re-wording); and
4. Coverage (no substantial changes).

The most recent decision of the Fair Work Commission, on 19 October 2020, dealt with the above outstanding issues, with the amendments to be effective from 1 November 2020.

Outstanding Issue One: Communication of ad hoc agreed changes

The first outstanding issue relates to the ability of an employer and employee to change agreed regular patterns of work, the process of doing so, and the notice required when doing so. The previous requirements, and amendments that are effective as of 1 November 2020, are set out below.

Outstanding Issue Two: Educational Leaders – additional two hours non-contact time

The second outstanding issue is in relation to the amount of non-contact hours afforded to staff and education leaders for planning purposes, per week. The purpose of non-contact hours is to allow the education leader to plan, prepare, evaluate and program activities. The Fair Work Commission has now allowed an additional two hour of non-contact time for educational leaders, in addition to those responsible for planning.

Other Changes and Information

Reimbursement for reasonable costs

Clause 15.2(c) was amended so that the requirement for an employer to reimburse an employee for the costs of protective clothes or equipment (such as hats and sunscreen lotion), will be limited to reasonable costs incurred only.

Minimum wage

The Fair Work Commission undertook their annual wage review in June 2020. The minimum rates and allowances were increased by 1.75% and were raised in a staged structure: so that the industries effected by coronavirus received the raise first. The Children Services Award 2010 raised was modified from 1 July 2020.

For Employers

To ensure you are compliant with the changes to the award, it is important to:

• Allow for online rostering and electronic communications as acceptable when changing hours;
• Review communication procedures and notice periods with staff in relation to rostering changes to ensure they are compliant with the award;
• Ensure payroll is informed of the overtime rates that apply where an employee’s hours are changed due to an emergency, and further, the 1.75% increase effective from 1 July 2020;
• Familiarise yourself with the definition of ‘emergency’ under the award to ensure you are compliant with the award;
• Facilitate or provide employees with hats and sunscreen where available or be prepared for reasonable reimbursement requirements; and
• Consider where non-contact time is required (per week) and roster your staff accordingly.

For Employees

It is important to know your employment law rights and to understand new laws that affect you. It is necessary to:

• Understand that your employer can alter rostered hours with adequate notice through electronic means;
• Familiarise yourself with the definition of emergency under the award;
• Ensure you are being paid accurately for emergency changes to rostered hours and with respect to changes to minimum rates;
• Request access to hats or sunscreen or alternatively retain receipts for reasonable sun protection products and provide them to your employer for reimbursement; and
• If an Educational Leader or are working on developmental programs, ensure you are rostered the minimum weekly required non-contact time.