TASMANIAN INDUSTRIAL COMMISSION. Industrial Relations Act 1984 s23 application for award or variation of award

Transcription

1 FULL BENCH: PRESIDENT P L LEARY COMMISSIONER T J ABEY COMMISSIONER J P McALPINE TASMANIAN INDUSTRIAL COMMISSION Industrial Relations Act 1984 s23 application for award or variation of award Tasmanian Trades and Labor Council (T11548 of 2004) Private Sector Awards Tasmanian Trades and Labor Council (T11564 of 2004) Private Sector Awards Tasmanian Trades and Labor Council (T11566 of 2004) Private and Public Sector Awards Wage Rates State Wage Case July 2004 applications to vary private sector awards in a manner consistent with the Australian Industrial Relations Commission in Print PR Safety Net Review Award rates to be increased by $19 per week Wage related allowances increased by 3.5% - Meal allowances increased to $12.70 Supported Wage increased to $61 per week Operative date ffpp 1 August 2004 State Minimum Wage determined at $ s.35(1) Australian Liquor, Hospitality and Miscellaneous Workers Union - Tasmanian Branch (T11412 of 2004) FULL BENCH: PRESIDENT P L LEARY DEPUTY PRESIDENT P C SHELLEY COMMISSIONER J P McALPINE Award variation union name change - application approved CHILD CARE AND CHILDRENS SERVICES AWARD No. 2 of 2004 (Consolidated) PART I CLAUSES 4, 5 AND 6 ARE VARIED; PART III CLAUSE 1 IS VARIED; AND THE AWARD IS CONSOLIDATED:

2 1. TITLE PART I APPLICATION AND OPERATION OF THE AWARD This award shall be known as the Child Care and Childrens Services Award. 2. INDEX Subject Matter Clause No. Part I Application And Operation Of The Award Title 1 Index 2 Scope 3 Date of Operation 4 Award Interest 5 Supersession 6 General Definitions 7 Part II Employment Relationship And Associated Matters Definitions 1 Contract of Employment 2 Employment Categories 3 In-Service Training 4 Mixed Functions 5 Program Planning Time 6 Part III Wage Rates And Related Matters Wage Rates 1 Classification Descriptors 2 Payment of Wages 3 Superannuation 4 Part IV Hours Of Work, Penalty Payments, Shift Work And Overtime Hours of Work 1 Make Up Time 2 Meal Break 3 Minimum Start 4 Overtime 5 Rostered Days Off 6 Part V Leave And Holidays With Pay Definitions 1 Annual Leave 2

3 Bereavement Leave 3 Carer s Leave 4 Holidays with Pay 5 Parental Leave 6 Sick Leave 7 Part VI Consultation And Dispute Resolution Disputes and Grievances 1 Enterprise Flexibility 2 Structural Efficiency 3 Part VII Occupational Health And Safety, Tools and Amenities Tools, Equipment and Protective Clothing 1 Part VIII Award Compliance And Union Related Matters Leave Reserved 1 Notice Board 2 Union Stewards 3 3. SCOPE This award is established in respect of the industry of providing care for children in child care services not subject to the Independent Schools (Non-Teaching Staff) Award or the Disability Service Providers Award. 4. DATE OF OPERATION This award shall come into operation from the first full pay period to commence on or after 1 August AWARD INTEREST The following employee organisations have an interest in this award pursuant to Section 63(10) of the Industrial Relations Act 1984: the Liquor, Hospitality and Miscellaneous Union - Tasmanian Branch. The following employer organisation has an interest in this award pursuant to Section 63(10) of the Industrial Relations Act 1984: The Association of Independent Schools of Tasmania Incorporated.

4 (c) The following organisation is deemed to have an interest in this award pursuant to Section 62(2) of the Industrial Relations Act 1984: the Tasmanian Chamber of Commerce and Industry Limited. (d) The following organisation is deemed to have an interest in this award pursuant to Section 62(3) of the Industrial Relations Act 1984: the Tasmanian Trades and Labor Council. 6. SUPERSESSION This award incorporates and supersedes the Child Care and Childrens Services Award No. 2 of 2003 (Consolidated) No. 3 of 2003, No. 4 of 2003, No. 5 of 2003 and No. 1 of PROVIDED that no right, obligation or liability incurred or accrued under any of the abovementioned provisions shall be affected by the replacement and supersession. 7. GENERAL DEFINITIONS Back-up care situation shall be care provided for children in a situation where the parents/guardians of the children are also on the premises. Child care service shall mean, without limiting the generality of the term, Family Day Care Services, Community/Neighbourhood Houses, Back-up Care, Long Day-Care Centres, Occasional Care Services, Out of School Hours Care Services, including Vacation Care Programs, Part-time Child Care Centres, Play Centres, Play Sessions, Playgroups and Playgroup Support Services. Community/neighbourhood houses shall be establishments which provide programs and services to members of the community and which provide backup child care whilst such programs and services are in operation. Family day care shall be a child care service which co-ordinates and supervises the placement of children in the homes of approved people for the purpose of the provision of child care. Long day-care centre shall be a child care establishment where children are cared for, for a minimum of 5 days per week and 48 weeks per year. Occasional care services shall be child care centres which provide care for children on an occasional or irregular basis. Out of school hours care services shall be services, which provide child, care for children of school age before and after school and/or during school vacation periods. Part-time child care centre shall be a child care centre which operates for less than 5 days per week and 48 weeks per year.

5 Play centres and play sessions shall be licensed services, which provide sessional care for children aged 3 to 5 years. Playgroups shall be services, which provide play experiences for children in a group situation with the parents or guardians of the children present. Playgroup support services shall be services which provide support to playgroups. PART II EMPLOYMENT RELATIONSHIP AND ASSOCIATED MATTERS 1. DEFINITIONS Casual employee shall be any person who is employed on a casual basis, and shall include any person who is employed for a period not exceeding 20 ordinary working days at any one time. Full-time employee shall be any person engaged regularly and works 38 hours per week. Intermittent employee shall be a person employed on a regular basis in a Community House, Place Centre or Group, or an Out of School Hours Program or Vacation Care Program, where the period of employment exceeds 20 ordinary working days, but the program runs for less than 48 weeks per year. Junior employee shall be any person who has not reached the age of 20 years. Part-time employee shall be any person engaged regularly to work for fewer hours per day or week than those prescribed for full-time employees. Trainee - Child Care shall mean a person employed by the employer under the terms of a Traineeship program and any agreements attached thereto. Training Agreement shall mean an agreement registered under the provisions of the Vocational Education and Training Act CONTRACT OF EMPLOYMENT Except as hereinafter provided, employment shall be by the fortnight. Any employee not specifically engaged as a casual employee shall be deemed to be employed by the fortnight. Any employee other than a casual employee willing to work, who works for less than a full working fortnight, shall be entitled to a full fortnight s wages.

6 (c) (d) Employment shall be terminated by two weeks notice given by either party or by the payment or forfeiture of two weeks wages, as the case may be. This shall not affect the right of the employer to dismiss an employee for serious misconduct or serious neglect of duty, in which case wages shall be paid up to the time of dismissal only. Employees other than those engaged on a part-time or casual basis, shall, notwithstanding anything contained in Section 49 of the Industrial Relations Act 1984, be paid the weekly wage prescribed for a week of 38 hours in accordance with Part IV - Hours of Work, Penalty Payments Shift Work and Overtime, Clause 1 - Hours of Work for each week that he/she is ready, willing and available for work during the hours prescribed herein, and in addition thereto, such overtime or other penalty rates, if any, that may have occurred during the relevant period. (e) In the case of unsatisfactory work performance or misconduct not sufficient to justify instant dismissal, written documentation will be issued to the employee indicating what the problem is, what standard is required and what further action may result if the problem continues. An employee involved in such disciplinary procedures shall undertake such counselling as may be reasonably requested by the employer. (iii) In circumstances where normal disciplinary procedures have failed, the employer may, with the approval of the union secretary, suspend an employee for a period not exceeding one week. (f) An employer may direct an employee to carry out such duties as are within the limits of the employee s skill, competence and training consistent with the classification structure of this award provided that such duties are not designed to promote deskilling. Any direction issued by an employer shall be consistent with the employer s responsibilities to provide a safe and healthy working environment. PROVIDED that the management of individual Child Care Centres may enter into contracts with directors requiring a period of notice longer that prescribed by this clause and the terms of such contract shall prevail over this clause.

7 3. EMPLOYMENT CATEGORIES Casual Employees A casual employee (as defined) for working ordinary time shall be paid per hour one thirty-eighth of the weekly rates prescribed for the classification level which is commensurate with that employee s qualifications, training and years of experience, as defined in Part III Wage Rates and Related Matters, Clause 2 Classification Descriptors of this award. In addition thereto a casual employee shall receive 20% of the ordinary hourly rate in respect of each hour for which he/she is paid; such additional amount to be payment in lieu of annual leave, sick leave and Holidays with Pay. Part-time and Intermittent Employees Part-time employees shall be entitled to the annual leave, holidays and sick pay as prescribed in Part V Leave and Holidays with Pay, Clause 2 - Annual Leave, Clause 5 Holidays with Pay, and Clause 7 - Sick Leave of this award. PROVIDED that payment therefore shall be made at the rate normally paid to such employees for a similar period of time worked. PROVIDED ALWAYS that such employees employed prior to 18 August 1986 may elect to continue to receive in addition to their hourly rate an allowance of 20% where such payment is made in lieu of annual leave, sick leave and Holidays with Pay. PROVIDED FURTHER that from 1 January 1987 all part-time employees engaged to work less than 20 hours per week shall be entitled to the annual leave, sick leave and Holidays with Pay, as prescribed, in lieu of the additional 20% payment. (iii) (iv) The hourly rate for part-time employees shall be calculated by dividing the relevant weekly rate by one thirty-eighth. The hourly rate for intermittent employees shall be calculated in accordance with Part II Employment Relationship and Associated Matters, Clause 3 Employment Categories, subclause - Casual Employees of the award. The hourly rate includes payment in lieu of annual leave, sick leave and Holidays with Pay. The contract of employment for intermittent employees shall be in accordance with Part II Employment Relationship and Associated Matters, Clause 2 - Contract of Employment, subclause (c) of this award. (c) Trainee - Child Care Trainees shall be engaged for a period of twelve months as full-time employees.

8 PROVIDED that trainees shall be subject to a satisfactory probation period of up to one month. (iii) No existing permanent employees shall be displaced by a trainee and trainees are not required to be additional to existing staffing levels. Existing full-time and part-time untrained employees up to and including the age of 24 years may choose to convert their position to a traineeship. PROVIDED that there is genuine agreement to the conversion between the employer and the employee, and PROVIDED ALWAYS that the conversion shall not affect the permanent status for the employee. (iv) An employee who is required to supervise a trainee shall be allowed a minimum of 30 minutes per fortnight of paid non-contact time in order to fulfil their record-keeping responsibilities relating to the traineeship. (v) (vi) A trainee shall receive on-the-job training by the employer as specified in the Training Agreement (as defined) and the off-the-job training shall be provided by a training institution/organisation approved by the Training Authority of Tasmania or other relevant body which may replace it. The employer shall agree to the overall training program being monitored by officers of the Training Authority of Tasmania and shall agree to training record books being part of the monitoring process. (vii) Time spent by the trainee on off-the-job training shall be allowed without loss of continuity of employment. (viii) The trainee shall be considered for any vacancy at his/her place of employment at the time of the satisfactory completion of their employment. (ix) (x) (xi) Under normal circumstances overtime shall not be worked by trainees. However, if overtime is worked the normal allowances and penalties will apply. The union shall be afforded reasonable access to the trainees for the purpose of explaining the roles and functions of the union. Trainees shall not perform higher duties in the course of their traineeship. (xii) Trainees shall be exempt from action in respect of industrial disputes. However, the employer shall observe the provisions determined by the Training Authority of Tasmania in respect of the use of trainees in the time of industrial disputes.

9 (xiii) A monitoring committee with representatives from the union and appropriate employer organisation and governments shall be established in Tasmania to monitor the progress of traineeships implemented under the provisions of this award. 4. IN-SERVICE TRAINING Employees, other than those engaged on a casual basis shall be entitled to paid inservice training leave to attend approved in-service training courses. The minimum amount of paid in-service training for each employee shall be 15 hours. The employer shall keep an accurate record of all in-service training undertaken by employees. Employees shall have access to this information upon request. If employees are not given the opportunity to participate in in-service training then they shall still progress to the next incremental level within their classification structure after each year of service. In-service training may include any of the following PROVIDED that the training has been approved by the Director/Co-ordinator of the service: seminars, including in-house seminars; workshops, including in-house workshops; short courses; lectures; training packages; and non-certificated TAFE courses. 5. MIXED FUNCTIONS Employees engaged continuously for four hours or more on duties carrying a higher rate than their ordinary classification shall be paid the higher rate for the whole of that day s work. PROVIDED that employees required to take charge of a centre will be paid at the rate of a Level 5, Assistant Director, except where the period of relief is for five or more working days in which case the appropriate classification will be paid. PROVIDED ALWAYS that mixed functions shall not apply to an employee relieving another employee on a rostered day off.

10 6. PROGRAM PLANNING TIME Recognising the work involved in preparing programs, the need for non-contact time to plan for the care of children and the need for all children s services workers to keep abreast of current trends in child care: All contact staff shall be allowed a regular period of contact free time per week for program preparation and reading. The length of the contact free time shall be one hour per week for all full-time contact staff and pro rata time for all part-time staff. The time at which non-contact time shall be provided shall be determined at each establishment by agreement between the Director/Co-ordinator and the employee. 1. WAGE RATES PART III WAGE RATES AND RELATED MATTERS Incremental progression within each level for Children's Services Workers and Directors shall be after completion of one year's service and 15 hours in-service training within that year, subject to the provisions of Part II Employment Relationship and Associated Matters, Clause 4 In-Service Training, subclause of this award. Excepting Where progression on the basis of completion of competency-based training modules is specified in Part III Wage Rates and Related Matters, Clause 2 Classification Descriptions of this award. The minimum weekly rates of wages that shall be paid to employees classified hereunder shall be the base rate and supplementary payments appearing opposite that classification.

11 Base Rate $ Safety Net Adjustment $ Weekly Wage Rate $ Children's Services Worker Level 1 1st year nd year rd year and thereafter Children's Services Worker Level 2 1st year nd year rd year and thereafter Children's Services Worker Level 3 1st year nd year rd year and thereafter In-charge Children's Services Worker Level 4 1st year nd year rd year and thereafter In-charge Children's Services Worker Level 4A 1st year nd year rd year and thereafter In-charge Children's Services Worker Level 5 1st year nd year rd year and thereafter Children's Services Worker Level 5A Assistant Director Level 1 1st year nd year rd year and thereafter Assistant Director Level 2 1st year nd year rd year and thereafter

12 Assistant Director Level 3 1st year nd year rd year and thereafter Children's Services Director Level 1 1st year nd year rd year and thereafter Children's Services Director Level 2 1st year nd year rd year and thereafter Children's Services Director Level 3 1st year nd year rd year and thereafter (c) Junior Rates (Children s Services Workers) (iii) Trained Junior (1 year trained) Percentages of 1st year rate of Children s Services Worker Level 2 classification 1st year 85% 2nd year 90% 3rd year 95% Trained Junior (2 year trained) Percentages of 1st year rate of Children s Services Worker Level 3 classification 1st year 85% 2nd year 90% 3rd year 95% Untrained Junior Percentages of 1st year rate of Children s Services Worker Level 1 classification 1st year 70% 2nd year 80% 3rd year 90% (iv) Junior Rates (Junior Clerical Assistant) Percentage of 1st year rate of Child Care Support Worker Level 2 classification On Commencement 70% After 1 year 80% After 2 years 90%

13 (d) Trainee Child Care (as defined) - Junior Trainees Engaged as Such The weekly wages payable to Trainee Child Care (as defined), engaged as such shall be determined by multiplying the rate for an untrained junior, 1st year in subclause (c) - Junior Rates (Children's Services Workers), paragraph (iii) - Untrained Junior by 39 (which represents the actual weeks spent on the job) and dividing that sum by 52 to provide a weekly wage. PROVIDED that the rate determined shall in no case be less than the minimum rate prescribed by the Australian Traineeship Guidelines. Existing Employees (1) Employees employed upon the basis of later conversion to trainee An existing employee who has been employed on the basis of later conversion to a trainee shall have his/her weekly wage rate determined by applying the formula referred to in paragraph to his/her existing wage rate. PROVIDED that the rate determined shall in no case be less than the minimum rate prescribed in the Australian Traineeship Guidelines. (2) Employees who agree to convert to trainee (A) Full-time Employees An existing full-time employee, other than an employee referred to in subparagraph (1) who agrees to undertake a traineeship shall have his/her weekly wage rate determined by applying the formula referred to in paragraph to his/her existing wage rate but only where this has been agreed to by the employee without duress. Unless there is genuine agreement between the employer and the converting employee to apply the formula referred to, the trainee will be paid the same wage as that which would have applied had he/she not converted to a traineeship. PROVIDED that the rate determined shall in no case be less than the minimum prescribed by the Australian Traineeship guidelines. (B) Part-time Employees Where an existing part-time employee has agreed to undertake a traineeship as in (A) above the weekly wage rate shall be determined by applying the formula to the full-time rate for that employee's classification.

14 PROVIDED that the rate determined shall in no case be less than the minimum rate prescribed by the Australian Traineeship Guidelines. (e) Trainee - Child Care (as defined) years Trainees Engaged as Such The weekly wages payable to a Trainee Child Care (as defined), engaged as such, aged between 20 to 24 years shall be determined by multiplying the rate for an untrained Children's Services Worker, Level 1-1st year by 39 (which represents the actual time spent on the job) and dividing that sum by 52 to provide a weekly wage. PROVIDED that the rate determined shall in no case be less than the minimum rate prescribed in the Australian Traineeship Guidelines. Existing Employees (1) Employees employed upon the basis of later conversion to trainee An existing employee aged between 20 and 24 years who has been employed on the basis of later conversion to a trainee shall have his/her weekly wage rate determined by applying the formula referred to in paragraph above to his/her existing wage rate. PROVIDED that the rate determined shall in no case be less than the minimum rate prescribed by the Australian Traineeship Guidelines. (2) Employees who agree to convert to trainee (A) Full-time Employees An existing full-time employee, other than an employee referred to in paragraph (1) above who agrees to undertake a traineeship shall have his/her weekly wage rate determined by applying the formula referred to in paragraph above to his/her existing wage rate but only where this has been agreed to by the employee without duress. Unless there is genuine agreement between the employer and the converting employee to apply the formula referred to the trainee will be paid the same wage as that which would have applied had he/she not converted to a traineeship. PROVIDED that the rate determined shall in no case be less that the minimum prescribed by the Australian Traineeship Guidelines. (B) Part-time Employees

15 (f) Child Care Support Workers The minimum weekly wage rates of wages that shall be paid to employees classified hereunder shall be: Base Rate $ Safety Net Adjustment $ Weekly Wage Rate $ Child Care Support Worker Level 1 1st year nd year rd year and thereafter Child Care Support Worker Level 2 1st year nd year rd year and thereafter Child Care Support Worker Level 3 1st year nd year rd year and thereafter Child Care Support Worker Level 4 1st year nd year rd year and thereafter (g) Supported Wage System Eligibility Criteria Subject to this subclause an employer may engage employees at a supported wage rate (as set out in paragraph (iii) of this subclause) who meet the impairment criteria for receipt of a Disability Support Pension and who, because of their disability, are unable to perform the range of duties to the competence level normally required for the class of work for which they are engaged. PROVIDED that this subclause 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 current employment.

16 PROVIDED ALWAYS that this subclause does not apply to employers in respect of their facility, programme, undertaking, service or the like which receives funding under the Disability Services Act 1986 and fulfils the dual role of service provider and sheltered employer to people with disabilities who are in receipt of or are eligible for a disability support pension, except with respect to an organisation which has received recognition under Section 10 or under Section 12A of the above Act, or if a part only has received recognition, that part. For the purposes of this subclause: 'Supported Wage System' means the Commonwealth Government System to promote employment for people who cannot work at full award wages because of a disability. 'Accredited 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. 'Disability Support Pension' means the pension available under 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. 'Assessment instrument' means the form 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. (iii) Supported Wage Rates Employees to whom this subclause applies shall be paid the applicable percentage of the minimum rate of pay prescribed by this award for the class of work which the person is performing according to the following schedule: Assessed Capacity % of Prescribed Award Rate (paragraph (iv)) 10% 10% 20% 20% 30% 30% 40% 40% 50% 50% 60% 60% 70% 70% 80% 80% 90% 90% PROVIDED that the minimum amount payable shall be not less than $61 per week.

17 (iv) Assessment of Capacity For the purpose of establishing the percentage of the award rate to be paid to a supported wage employee under this award, the productive capacity of the employee will be assessed in accordance with the Supported Wage System and documented in an assessment instrument by either: (1) the employer and a union party to the award, in consultation with the employee or, if desired by any of these; (2) the employer and an accredited Assessor from a panel agreed by the parties to the award and the employee. (v) Lodgment of Assessment Instrument (1) All assessment instruments under the conditions of this subclause, including the appropriate percentage of the award wage to be paid to the employee, shall be lodged by the employer with the Registrar of the Tasmanian Industrial Commission. (2) All assessment instruments shall be agreed and signed by the parties to the assessment, provided that where a union which is party to the award, is not a party to the assessment, it shall be referred by the Registrar of the Tasmanian Industrial Commission to the union by certified mail and shall take effect unless an objection is notified to the Registrar of the Tasmanian Industrial Commission within 10 working days. (vi) Review of Assessment The assessment of the applicable percentage shall be subject to annual review or earlier on the basis of a reasonable request for such a review. The process of review shall be in accordance with the procedures for assessing capacity under the Supported Wage System. (vii) Other Terms and Conditions of Employment Where an assessment has been made, the applicable percentage shall apply to the wage rate only. Employees covered by the supported wage provisions of this subclause shall be entitled to the same terms and conditions of employment as all other workers covered by this award who are paid on a pro rata basis. (viii) Workplace Adjustment An employer wishing to employ a person under the provisions of this subclause shall take reasonable steps to make changes in the workplace to enhance the employee s capacity to do the job. Changes may involve redesign of job duties, working time arrangements and work organisation in consultation with other workers in the area.

18 (ix) Trial Period (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 subclause for a trial period not exceeding 12 weeks, except that in some cases additional work adjustment time (not exceeding four weeks) may be needed. (2) During that trial period the assessment of capacity shall be undertaken and the proposed wage rate for a continuing employment relationship shall be determined in accordance with paragraphs (iv) and (v). (3) The minimum amount payable to the employee during the trial period shall be no less than $61 per week or such greater amount as is agreed from time to time between the parties. (4) Work trials should include induction or training as appropriate to the job being trialed. (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 shall be entered into based on the outcome of assessment under paragraph (iii) hereof. (h) Minimum Wage Minimum Wage No employee shall be paid less than the minimum wage. Amount of Adult Minimum Wage (1) The minimum wage for full-time adult employees not covered by subclause (g) - Supported Wage System is $ per week. (2) Adults employed under a supported wage system clause shall continue to be entitled to receive the wage rate determined under that clause. Provided that such employees shall not be paid less than the amount determined by applying the percentage in the supported wage system clause applicable to the employee concerned to the amount of the minimum wage specified in subclause (1). (3) Adults employed as part-time or casual employees shall continue to be entitled to receive the wage rate determined under the casual and parttime clauses of the award. Provided that such employees shall not be paid less than pro rata the minimum wage specified in subclause (1) according to the number of hours worked.

19 (iii) How the Minimum Wage Applies to Juniors (1) The wage rates provided for juniors by this award continue to apply unless the amount determined under subclause (iii)(2) is greater. (2) The minimum wage for an employee to whom a junior rate of pay applies is determined by applying the percentage in the junior wage rates clause applicable to the employee concerned to the relevant amount in subclause (1). (iv) Application of Minimum Wage to Certain Employees Due to existing applicable award wage rates being greater than the relevant proportionate minimum wage, this clause will not apply to employees falling within the scope of the National Training Wage (Tasmanian Private Sector) Award and Trainees undertaking an apprenticeship. (v) Application of Minimum Wage to Award Rates Calculation The minimum wage: (1) applies to all work in ordinary hours; (2) applies to the calculation of overtime and all other penalty rates, superannuation, payments during sick leave, long service leave and annual leave, and for all other purposes of this award; and (3) is inclusive of the arbitrated safety net adjustment provided by the July 2004 State Wage Case Decision (T of 2004) and all previous safety net and state wage case adjustments. 2. CLASSIFICATIONS DESCRIPTORS TRAINEE - CHILD CARE Qualifications and Experience A person at this level shall be an unqualified person undertaking a structured on and off the job training program. Skills and Knowledge A person at this level would work under close supervision and at the completion of twelve months would have attained the competencies identified in the Child Care Traineeship Training Plan.

20 Advancement In the case of juniors, progression to Untrained Junior - 3rd year shall be automatic upon completion of the traineeship. In the case of adults, progression to Children s Services Workers Level 1-3rd year shall be automatic upon completion of the traineeship. After completion of a further one year s service the employee shall progress to Children s Services Worker Level 2 2 nd year PROVIDED that, in the opinion of the employer, the employee possesses sufficient knowledge and skills to perform the duties of a Children s Services Worker Level 2. CHILDREN S SERVICES WORKER LEVEL 1 Qualifications and Experience A person at this level shall be an unqualified person OR a person undertaking part-time study leading to relevant child care qualifications as specified in this clause. Skills and Knowledge A person at this level would be able to: understand and work according to the policy of the employing child care establishment; under supervision, implement the service s early childhood or recreational program; implement daily routines; work with other staff to ensure the health and safety of the children in care; give each child individual attention and comfort as required. Advancement Progression through the incremental levels of the Level 1 Children s Services Worker scale shall be automatic upon: completion of one year s service at each level; and completion of 15 hours of in-service training a year.

21 Advancement to Level 2 shall be on the basis of: the worker possessing, in the opinion of the employer, sufficient knowledge or proven practical experience to perform the tasks defined for Children s Services Worker Level 2; or successful completion of a recognised one year introductory child care course. CHILDREN S SERVICES WORKER LEVEL 2 Qualifications and Experience A person at this level shall be a person who has successfully completed a one year fulltime introductory child care course in an institution which provides accredited training, and who has passed the examinations prescribed for that course. OR A person who is undertaking the Associate Diploma in Child Care on a part-time basis, who has successfully completed two years of part-time study. OR A person who, in the opinion of the employer possesses sufficient knowledge or proven practical experience to work at this level. OR An unqualified person with sufficient knowledge and proven practical experience who has the responsibility of being in charge of other staff in a back-up care situation (as defined). OR A person with qualifications and experience deemed equivalent by the employer. Skills and knowledge A Children s Services Worker Level 2 would be able to: understand and work according to the policy of the employing child care establishment; ensure the health and safety of the children in care; give each child individual attention and comfort as required; under supervision, implement the service s early childhood or recreation program; implement daily routines;

22 assist in the development and implementation of programs suited to the needs of individual children and groups of children; report observations of individual children and groups of children; under direction, work with individual children with particular needs, for example: children with physical or intellectual disabilities children with development delays children for whom English is their second language children with behavioural problems. Advancement Progression through the incremental levels of the Level 2 Children s Services Worker shall be automatic upon: completion of one year s service at each level; and completion of 15 hours of in-service training a year. A person shall automatically advance to Level 3 upon the successful completion of the courses defined for Children s Services Worker Level 3. CHILDREN S SERVICES WORKER LEVEL 3 Qualifications and Experience A person at this level shall be a person who holds the qualifications as defined for a Children s Services Worker Level 2 and who accepts the responsibility for being in charge of other staff in a part-time child care centre, back-up care situation, or play centre (as defined) OR a person who has successfully completed: Group 1 (c) The two year TAFE Child Care Certificate. Mothercraft nursing training. Nursery Nurses Examination Board Certificate. Persons holding the qualifications defined for Group 1 shall commence at the first level of the incremental scale.

23 Group 2 The two year TAFE Associate Diploma in Child Care. Persons holding the qualifications specified for Group 2 shall commence at the second level of the incremental scale OR a person with qualifications and experience deemed equivalent by the employer. Skills and Knowledge A person at this level would be able to: co-ordinate and direct the activities of unqualified workers engaged in the implementation of programs and activities in a group setting; in conjunction with senior staff, develop, plan, implement and evaluate a developmental early childhood program; liaise with parents of children in their care; maintain a safe environment for children; ensure that records regarding the children in their care are maintained, as required; develop, implement, evaluate and maintain daily routines; implement the policies of the employing child care establishment; work as the person in charge of a group of children; be responsible to the Director/Co-ordinator/Supervisor for the assessment of students on placement; and advise the Director/Co-ordinator/Supervisor of all relevant information concerning the children in their care. In charge shall be a Children s Services Worker Level 3 who accepts responsibility for being in charge of other staff at a part-time child care centre, back-up care situation or play centre (as defined). Advancement Progression through the incremental levels of Children s Services Worker Level 3 shall be automatic upon: completion of one year s service; and completion of 15 hours of in-service training a year.

24 Advancement to Children s Services Worker Level 4 shall be automatic after one year at the third incremental level of Children s Services Worker Level 3 and the completion of 15 hours of in-service training. CHILDREN S SERVICES WORKER LEVEL 4 Qualifications and Experience A person at this level shall be a person who holds qualifications as specified for a Children s Services Worker Level 3 and who has completed one year at the third incremental stage of Children s Services Worker Level 3 and 15 hours of in-service training during that year OR a person with qualifications and experience deemed equivalent by the employer. Skills and Knowledge A person at this level would be able to: take responsibility, in consultation with the Director/Co-ordinator/Supervisor for the preparation, implementation and evaluation of a developmental program for individual children and groups of children in their care; assist with administrative tasks; co-ordinate and direct the activities of workers engaged in the implementation and evaluation of developmental programs and activities in a group setting; take responsibility for being in charge of a group of children; as required, contribute through the Director/Co-ordinator/Supervisor, to the development of the policies of the employing child care establishment; and ensure that the policies of the employing child care establishment are adhered to. In-charge shall be a Children s Services Workers Level 4 who accepts the responsibility for being in charge of other staff in a part-time care centre or play centre, or back-up care situation (as defined). Advancement Progression through the incremental levels of Children s Services Worker Level 4 shall be automatic upon: the completion of one year s service at each level; and completion of a 21 hour competency-based training module per year. Such training module to be approved by a committee established for the purpose, comprising two employer representatives, two employee representatives and one TAFE representative

25 PROVIDED that a person who chooses not to progress through Children s Services Worker Level 4 shall be eligible for 15 hours in-service training in each year. Advancement to Children s Services Worker Level 4A shall be automatic upon the successful completion of a recognised three or four year child care training course in an institution which provides accredited training. CHILDREN S SERVICES WORKER LEVEL 4A Qualifications and Experience A person at this level shall be a person who has completed a recognised three or four year training course in an institution which provides accredited training and who has passed the examinations prescribed for that course. Such a person shall be: Group 1 (c) (d) a person holding a three year qualification in Early Childhood Development; or a person holding a three year Child Care diploma or degree, or the equivalent; or a person holding a three year qualification in Early Childhood Education; or a person with qualifications and experience deemed equivalent by the employer. Persons holding the qualifications specified for Group 1 shall commence at the first level of the incremental scale. Group 2 (c) (d) a person holding a four year qualification in Early Childhood Development; or a person holding a four year Child Care diploma or degree, or the equivalent; or a person holding a four year qualification in Early Childhood Education; or a person with qualifications and experience deemed equivalent by the employer. Persons holding the qualifications specified for Group 2 shall commence at the second level of the incremental scale. OR A person appointed to the position of Family Day Care Field Worker. A Family Day Care Field Worker shall hold as a minimum the qualifications specified for Children s Services Worker Level 4. Such a person shall commence at the first level of the incremental scale. OR

26 A person appointed to the position of Supervisor of an Out of School Hours Care program. A Supervisor of an Out of School Hours Care Service shall hold as a minimum the qualifications specified for Children s Services Worker Level 4. Such a person shall commence at the first level of the incremental scale. Skills and Knowledge A person at this level would be able to perform the same tasks as a Children s Services Worker Level 4. A Family Day Care Field Worker would be able to: assist with the provision of programs such as playgroups, excursions and training sessions; monitor standards of care provided by home-based child care providers; assist, when required, with the placement of children with home-based child care providers; and assist, when required, with the administration of fee subsidies. A Supervisor of an Out of School Hours Care program would be able to: supervise qualified and unqualified staff; assume full responsibility for the centre under the direction of the Management Committee/Sponsor; plan and implement an ongoing program; as required, liaise with the Management Committee/Sponsor; delegate duties to other staff members; be responsible for equipment, monies collected and attendance records; and ensure that information is available to assist in the preparation of Government reports and submissions. In-charge shall be a Children s Services Worker Level 4A who accepts the responsibility for being in charge of other staff in a part-time child care centre or play centre or back-up care situation, as defined. Advancement Progression through the incremental levels of the Children s Services Worker Level 4A shall be automatic upon: completion of one year s service at each level; and

27 completion of 15 hours of competency-based training a year, such training to be approved by a committee as specified for Children s Services Worker Level 4. Advancement to Level 5 shall be by appointment. CHILDREN S SERVICES WORKER LEVEL 5 Qualifications and Experience A person appointed to this level shall be a person who holds as a minimum the qualification specified for Level 4 Children s Services Worker and: has progressed through all the incremental levels of the Children s Services Worker Level 4 classification and has completed 200 hours of in-service training which shall include 63 hours of competency-based training as specified for Level 4 Children s Services Worker; OR has progressed through all the incremental levels of Children s Services Worker Level 4 and has been appointed to an in-charge position in a Long Day-Care Centre or Occasional Care Centre and who is not the Director or Assistant Director, as defined; OR (c) (d) holds early childhood teaching qualifications and who duties are to educate preschool age children in an educational setting within a children s services establishment, for example, the provision of kindergarten sessions within a child care centre; OR a person who has qualifications and experience deemed equivalent by the employer. Skills and Knowledge A person at this level would be able to perform the same tasks as a Children s Services Worker Level 4, and in addition would be able to: supervise qualified and unqualified workers; ensure appropriate written programs are prepared, as required; plan and co-ordinate in-service training for the service; and plan and implement special programs such as integrating children with disabilities or children from a non-english speaking background. Advancement Progression through the incremental levels of the Children s Services Worker Level 5 scale shall be automatic upon:

28 completion of one year s service at each level; and completion of 15 hours of competency-based training a year, such training to be approved by a committee as specified for Children s Services Worker Level 4. Advancement to Children s Services Worker Level 5A shall be by appointment. PROVIDED that the person who is appointed second-in-charge of a Long Day-Care Centre or Occasional Care Centre shall be appointed to the appropriate level within the Assistant Director level. CHILDREN S SERVICES WORKER LEVEL 5A ASSISTANT DIRECTOR Qualifications and Experience A person at this level shall be a person who holds as a minimum the qualifications as defined for a Level 4 Children s Services Worker and who has progressed through all the levels of the Level 4 Children s Services Worker classification. This person shall be a person who has been appointed to the position of Assistant Coordinator of a Family Day Care Scheme. OR A person who has been appointed to the position of Assistant Director of a Long Day- Care Centre PROVIDED that the person who is appointed second-in-charge of a Long Day-Care Centre or Occasional Care Centre shall be appointed to this level. Assistant Director Level 1 shall be: a person who is second-in-charge of a Long Day-Care Centre licensed for less than 30 child care places; or a person who is second-in-charge of an Occasional Care Centre licensed for less than 20 child care places. Assistant Director Level 2 shall be: a person who is second-in-charge of a Long Day-Care Centre licensed for between 30 and 49 child care places; or a person who is second-in-charge of an Occasional Care Centre licensed for between 20 and 39 child care places. Assistant Director Level 3 shall be: a person who is second-in-charge of a Long Day-Care Centre licensed for 50 or more child care places; or

29 (c) a person who is second-in-charge of an Occasional Care Centre licensed for 40 or more child care places; or a person who is the Assistant Co-ordinator of a Family Day Care Scheme. Skills and Knowledge A person at this level would be able to: assist the Director in his or her duties; take charge of the service in the Director s absence; co-ordinate and direct the activities of staff, students and volunteers, as required; undertake counselling of parents, when required; take responsibility for administrative tasks, as directed; participate in policy development, as required; assist with the development and establishment of the service s program; assist with the development of the service s resources; co-ordinate in-service training and staff development programs; and liaise with other agencies and with the public. The Assistant Co-ordinator of a Family Day Care Scheme would be able to: assist the Co-ordinator in his or her duties relating to: the recruitment, selection, supervision and training of child care providers, the placement of children with licensed, registered or authorised child care providers, financial management, book-keeping, budgeting and financial planning, and interviewing parents; assist with the administration of fee subsidies; assist with the development of the service s program; assist with the development of the service s resources; and act in the position of the Co-ordinator in his or her absence.

30 Advancement Progression through the incremental levels of the Level 5A incremental scale shall be automatic upon: completion of one year s service at each level; and completion of 15 hours of competency-based training a year, such training to be approved by a committee as specified for Children s Services Worker Level 4. Advancement to the positions of Director and Family Day Care Co-ordinator shall be by appointment. CHILDREN S SERVICES DIRECTOR LEVEL 1 Qualifications and Experience A person at this level shall be a person who holds as a minimum the qualifications as defined for a Children s Services Worker Level 4A, and who meets the requirements of the State Licensing Authority, and who is responsible for the overall administration of: (c) a Long Day-Care Centre licensed for less than 30 child care places; OR an Occasional Care Centre licensed for less than 20 child care places; OR a person who has been appointed to the position of Co-ordinator of two or more Out of School Hours Care Services. Skills and Knowledge A person at this level would be able to: be responsible for the administration and supervision of the service; ensure that a consistently high quality of child care is maintained, through the planning, organisation and implementation of a program that will adequately meet the intellectual, physical, emotional and social needs of children catered for through the service; supervise staff; select and train staff, as required; develop and promote the aims and policies of the service, in conjunction with the service sponsors/management committees; keep accounts and handle clerical matters, as required; assist the service sponsors with financial management, budgeting and planning, as required;