MISCELLANEOUS WORKERS SDN CHILDREN'S SERVICES LONG DAY CARE CENTRES
(CONDITIONS OF EMPLOYMENT) (STATE) AWARD
COMMISSION OF NEW SOUTH WALES
Application by SDN
Children's Services for a new award.
(No. IRC 8434 of 2001)
Before The Honourable
21 February and 4
Clause No. Subject Matter
of 19day month & RDO
14. Award to
Incidence and Duration
2. Contract of
2.1 Notice during
first four weeks: During the first four weeks of employment, the employment of
a weekly employee may be terminated by a day’s notice given by either party or
by the payment or forfeiture, as the case may be, of one day’s wages in lieu of
2.2 Notice after
four weeks: Except for the first four weeks of employment, the employment of a
weekly employee may be terminated by seven (7) working days notice given by
either party or by the payment or forfeiture, as the case may be, of seven (7)
days in lieu of such notice.
2.3 Misconduct: Nothing
in this clause is to affect the right of the employer to dismiss any employee
without notice for misconduct and in such cases wages will be paid up to the
time of dismissal only.
2.4 Casual before
two weeks: If employment is terminated other than for misconduct before the
expiration of such two weeks the employment will be considered as casual and
the employee paid the rates prescribed for a casual employee in Clause 6,
Casual Employment, of this Award.
2.5 Payment during
close-down periods: Annual leave is to be taken during the Christmas close-down
period. An employee will receive his or
her ordinary rate of pay for their classification for 52 weeks each year,
except for any period of annual leave where an employee’s annual leave credit
is less than 4 weeks.
2.6 Notice for
casuals The employment of a casual employee may be terminated by one hour’s
hours: The ordinary working hours, inclusive of crib breaks, will not without
payment of overtime, exceed an average of thirty eight per week. Ordinary hours may be worked in one of the
(i) 19 days per
(ii) 5 x 7.6 hour
shifts per week, or
(iii) 4 x 9.5 hour
shifts per week, or
(iv) 4 x 8 hour
shifts and 1 x 6 hour shift per week.
Employees employed as at 1 December 2001 may continue
the way they work their hours.
The first change to working hours for employees after
the making of this award will be on a trial basis for an initial period of 12
months following consultation with the employees affected and evaluation at the
end of the trial in consultation with the union.
of hours: The employer will, by legible notice displayed at some place
accessible to the employees, notify the ordinary hours of commencing and
ceasing work between 6.30am and 6.30pm Monday to Friday inclusive and the
ordinary times of crib breaks. Such
hours, once notified, are not be changed without the payment of overtime
without seven days’ clear notice to the employee, except by mutual agreement
between the employer and employee.
4. Implementation of
19 Day Month & RDO
4.1 Rostered day
off: The 19 day month, as provided in Clause 3, Hours, of this Award if worked
will be implemented in accordance with this clause. An employee is to accrue 0.4 of an hour (ie, 24 minutes) for each
eight hour shift or day worked to give an entitlement to take an accrued
rostered day off in each four week cycle as though worked.
(a) Each day of
paid leave taken (including annual leave but not including long service leave)
and any public holiday occurring during any cycle of four weeks will be
regarded as a day worked for accrual purposes.
Accrued days off will not be regarded as part of annual leave for any
the provisions of paragraph (a) of this subclause, an employee will be entitled
to no more than 12 paid accrued days off in any twelve months of consecutive
(c) An employee
who has not worked a complete four week cycle in order to accrue a rostered day
off, will be paid a pro-rata amount for credits accrued for each day worked in
such cycle payable for the rostered day off or, in the case of termination of
employment, on termination, (ie an amount of 24 minutes for each 8 hour day
(d) By mutual
agreement between the employer and employee concerned, the employer may fix one
work day in every fourth week as an accrued rostered day off.
The employee may accrue sufficient accrued days off to enable such days to be
taken as rostered days off to a maximum block of five (5) days at any one time
in any twelve (12) months of consecutive employment, but no two (2) blocks of
rostered days off are to follow on consecutively.
(a) Working over 5
days: A part-time employee who is regularly rostered to work ordinary hours
over five (5) days per week may accrue an entitlement to rostered days off in
the same ratio of weeks worked to accrued days as that accrued by a weekly
employee. Such rostered days off will
then be taken in accordance with this clause.
For every ordinary hour paid for, payment to the employee of one
twentieth (5%) of the hourly rate will be withheld by the employer and then
paid in the pay week in which the employee’s rostered day off is taken.
(i) Before 28
August 2000: A part time-employee employed before 28 August 2000 may choose to
be paid the appropriate higher hourly rate (that is a rate based on a 38 hour
divisor) as set out in clause 7(ii)(b) of the Award referred to in clause 14 of
this Award in lieu of accruing an entitlement to rostered days off subject to
mutual agreement between employer and employee. A notation of such agreement must be kept in the Time and Wages
(ii) On or after
28 August 2000: A part-time employees engaged on or after 28 August 2000, may
be paid the higher rate instead of having rostered days off.
(b) Working less
than 5 days: A part-time employee who works less than five (5) days per week
shall be paid for all hours worked (on the basis of a 38 hour divisor) subject
to clause 9(ii), of the Award referred to in clause 14 instead of having
rostered days off.
Employees: A casual employee as defined in Clause 6 of this Award will be paid
for all hours worked and does not accrued days off prescribed by this clause.
4.5 Notice: Except
as provided by subclause 4.8, an employee will be advised by the employer at
least four weeks in advance of the day or days they are to be rostered off
An individual employee with the agreement of the employer may substitute the
day he or she is rostered off duty for another day.
4.7 Payment of
Wage: Subject to clause 8, of this Award, where an employee is paid by cash or
cheque and such employee is rostered off duty on a day which coincides with pay
day, such employee will be paid no later than the working day immediately
following pay day.
Rostered days off may accumulate in accordance with clauses 4.1(d) and 4.2 of
4.9 Rostered Day
Off Falling on a Public Holiday: Where an employee’s rostered day off falls on
a public holiday the employee and the employer are to agree to the substitution
of an alternative day off. However, where agreement is not reached the
substituted day may be determined by the employer.
4.10 Sick Leave and
Rostered Days Off: An employee is not eligible for sick leave in respect of
absences on rostered days off as such absences are outside the ordinary hours
Leave and Rostered Days Off: An employee will not be entitled to payment for compassionate
leave in respect of absences on rostered days off as such absences are outside
the ordinary hours of duty.
4.12 Work on
Rostered Day Off: Except as provided in subclause 4.6 of this clause, any
employee required to work on a rostered day off shall be paid in accordance
with the provisions of Clause 12, Overtime, of the Miscellaneous Workers
Kindergartens and Child Care Centres (State) Award.
5. Crib Break
Thirty minutes will be allowed to employees for a midday
child-free crib break if such employee’s shift exceeds five hours from
commencement of work. Such crib break
will be counted as time worked. An
employee will not be required to care for or supervise children during such
See Children Care and
Protection Act 1996 for provisions relating to supervision of children.
6. Casual Employment
Casual employee means an employee engaged and paid as such for a period of not
more than ten (10) consecutive working days for each engagement (but will not
include employees who are required to work a constant number of ordinary hours
Casual employees, for each hour worked during the ordinary time will be paid
the hourly equivalent of the minimum weekly wage prescribed by this Award for
the class of work performed by them, plus 15% of such hourly equivalent.
6.3 Minimum start:
Casual employees will be paid a minimum of four hours for each start.
Available: Casual employees will be regularly advised of permanent positions
7. Sick Leave
7.1 Absence from
work: If an employee is absent from work, except on account of personal illness
or incapacity not due to the employee’s serious and wilful misconduct, a
proportionate deduction will be made from their wages for the time lost by
7.2 Evidence of
illness: The employee is to furnish to the employer such evidence as the
employer may desire that the employee was unable by reason of such illness or
injury to attend for duty on the day or days for which sick leave is claimed. A
Statutory Declaration will be accepted in respect of any single day absences,
but not more than two such declarations will be accepted in any one year.
7.3 Amount of sick
leave: Subject to subclause 7.5 of this clause, the employer will not be liable
to pay an employee for absence due to sickness for more than ten (10) days in
each year of employment.
of untaken sick leave: An employee who has been continuously employed by the
SDN Children’s Services may accumulate any unclaimed sick pay each year for an
unlimited period which may be drawn upon at such time as absence on account of
7.5 Sick leave in
first year: During the first year employment only an employee will be entitled
to sick leave on the following basis:
During the first month of
At 1 months’ completed
At 2 months’ completed
At 3 months’ completed
At 4 months’ completed
At 5 months’ completed
At 6 months’ completed service
At 7 months’ completed
At 8 months’ completed
At 9 months’ completed
employer: The employee must, as soon as reasonably practicable and in any case
within twenty four hours of the commencement of such absence, inform the
employer of their inability to attend for duty and, as far as possible, state
the nature of the injury or illness and the estimated duration of the absence.
Compensation: The employer will not be liable for sick pay to any employee
whose illness is due to an accident covered by Workcover.
7.8 Attendance at
hospital, etc: Notwithstanding anything contained in subclause 7.1, of this
clause, a weekly employee suffering injury through an accident arising out of
and in the course of their employment (not being an injury in respect of which
he/she is entitled to workers’ compensation) necessitating their attendance
during working hours on a doctor, chemist or trained nurse, or at a hospital,
will not suffer any deduction from his pay for that time (not exceeding four
hours) so occupied on the day of the accident and will be reimbursed by the
employer for all expenses reasonably incurred in connection with such
attendance and expenses will include fares.
8. Payment of Wages
8.1 Time of
Payment: Wages will be paid weekly or fortnightly in ordinary working time. An
employee kept waiting after the normal ceasing time for the payment of wages
will be paid at overtime rates from the normal ceasing time until payment is
made. Casual employees will be paid
within five (5) days of the termination of employment.
8.2 Method of
payment: The employee may be paid their wages by cheque or direct transfer into
the employee’s bank (or other recognised financial institution) account.
Employees may attend in-service courses outside the employee’s normal hours.
Adequate notice is to be given to an employee of approved in-service courses.
9.3 Courses: Such
courses will be for a total maximum of eleven (11) hours and a total maximum of
sixteen (16) hours for each employee in each consecutive year of employment.
Attendance at an in-service course on a Saturday for 4 hours or more will be
deemed to amount to 10 hours of in-service training. Attendance for less than 4 hours on a Saturday will be deemed to
amount to 5 hours of in-service training.
Employees attending such courses for 10-16 hours or the deemed equivalent as
provided in subclause 9.4 of this clause, will receive 2 days leave at ordinary
time rates for their particular classification.
will include staff meetings, parent meetings and committee meetings.
10. Salary Sacrifice
An employee may choose a salary sacrifice arrangement as
approved by the SDN Children’s Services Board.
An employee may choose AMP or HESTA or Asset Super for their
3% award superannuation.
12.1 Discussion on
the job: Any grievance or dispute which arises must, where possible, be settled
by discussion on the job between the employee and the employee’s Centre
12.2 Discussion at
next level: If the matter is not resolved on the job, the matter will be
further discussed between the affected employee, and the Early Childhood
Services Consultant. The affected employee will be entitled if they request to
have in attendance at such discussions the Union Delegate or contact.
12.3 Discussion with
union: If no agreement is reached the Union organiser and Union delegate or
contact and affected employee will discuss the matter with the Early Childhood
Services Consultant or other nominated representative of the employer.
12.4 Work normally:
Whilst the foregoing procedure is being following work must continue normally. No party will be prejudiced as to the final
settlement by the continuance of work in accordance with this subclause.
Should the matter still not be resolved it may be referred by the parties to
the Industrial Commission of New South Wales for settlement.
13.1 It is the
intention of the parties bound by this award to seek to achieve the object in
section 3(f) of the Industrial Relations
Act 1996 to prevent and eliminate discrimination in the workplace. This includes discrimination on the grounds
of race, sex, marital status, disability, homosexuality, transgender identity,
age and responsibility as a carer.
13.2 It follows that
in fulfilling their obligations under the dispute resolution procedure
prescribed by this award the parties have obligations to take all reasonable
steps to ensure that the operation of the provisions of this award are not
directly or indirectly discriminatory in their effects. It will be consistent with the fulfilment of
these obligations for the parties to make application to vary any provision of
the award, which, by its terms or operation, has a direct or indirect
13.3 Under the Anti-Discrimination Act 1977, it is
unlawful to victimise an employee because the employee has made or may make or
has been involved in a complaint of unlawful discrimination or harassment.
13.4 Nothing in this
clause is to be taken to affect:
(a) any conduct or
act which is specifically exempted from anti-discrimination legislation;
(b) offering or
providing junior rates of pay to persons under 21 years of age;
(c) any act or
practice of a body established to propagate religion which is exempted under
section 56(d) of the Anti-Discrimination
(d) a party to
this award from pursuing matters of unlawful discrimination in any State or
13.5 This clause
does not create legal rights or obligations in addition to those imposed upon
the parties by the legislation referred to in this clause.
(a) Employers and
employees may also be subject to Commonwealth anti-discrimination legislation.
(b) Section 56(d)
of the Anti-Discrimination Act 1977
"Nothing in the Act affects ... any other act or
practice of a body established to propagate religion that conforms to the
doctrines of that religion or is necessary to avoid injury to the religious
susceptibilities of the adherents of that religion."
14. Award to Apply
Except as varied by this Award, the provisions of the
Miscellaneous Workers’ Kindergartens and Child Care Centres (State) Award and
any variations thereto or any award made resulting or replacing that award is
to apply to and govern the conditions of the appropriate classes of employees
covered by this Award.
15. Area, Incidence
This Award rescinds and replaces the Miscellaneous Worker’s
- Kindergartens and Child Care Centres (SDN Children’s Services) (Conditions of
Employment) (State) Award published 10 November 1995 and award review published
31 August 2001 (327 I.G. 473).
This Award applies to all persons employed by SDN Children’s
Services Inc in long day care centres within the jurisdiction of the
Kindergartens (State) Conciliation Committee.
This award will take effect from the beginning of the first
pay period to commence on or after 1 December 2001 and remain in force
thereafter for a period of twelve months.
M. SCHMIDT J.
the authority of the Industrial Registrar.