Local
Government (Early Childhood Education and Care Worker Retention Payments)
Splinter Award 2024
AWARD REPRINT
This reprint of
the consolidated award is published under the authority of the Industrial
Registrar pursuant to section 390 of the Industrial Relations Act 1996,
and under clause 6.6 of the Industrial Relations Commission Rules 2022.
I certify that
the form of this reprint, incorporating the variations set out in the schedule,
is correct as at the latest date of effect therein mentioned.
K. JONES, Industrial Registrar
Schedule
of Variations Incorporated
|
Variation
Serial No.
|
Date
of Publication
|
Effective
Date
|
Industrial
Gazette Reference
|
|
|
|
|
Volume
|
Page No.
|
|
C9923
|
28 March 2025
|
28 January 2025
|
397
|
1227
|
AWARD
Clause No. Subject Matter
1. Title
2. Commencement and Duration
3. Coverage
4. Industrial Parties
5. Definitions and Interpretation
6. Relationship with the LG (State)
Award
7. Statement of Intent
8. Grievance and Dispute Procedure
9. Anti-Discrimination
10. Retention Allowance for ECEC Employees
11. Leave Reserved
Schedule A – Employers
covered by this Award
Schedule B – Hourly
quantum increases for Part A – Retention Allowance
1.
Title
This Award shall be known
as the Local Government (Early Childhood Education and Care Worker Retention
Payments) Splinter Award 2024 (“Award”).
2.
Commencement and Duration
2.1 This
Award commences operation on and from 28 November 2024 and shall remain in
force until 30 November 2026.
3.
Coverage
3.1 This
Award shall apply to all employers named in Schedule A who operate a Child Care
Subsidy (“CCS”) approved
Centre-Based Day Care (“CBDC”) or
Outside School Hours Care (“OSHC”);
and who are determined by the Commonwealth Department of Education to be
eligible for the Early Childhood Education and Care Worker Retention Payment
Grant (“ECEC Worker Retention Payment Grant”).
3.2 This
Award shall apply to all employees of the employers identified in clause 3.1
who are undertaking duties covered by the federal Children’s Services Award 2010 [MA000120] (“CS Award”) or Educational
Services (Teachers) Award 2020 [MA000077] (“ES (Teachers) Award”) that are eligible Early Childhood Education
and Care workers (“Eligible ECEC workers”).
4.
Industrial Parties
4.1 The
industrial parties to this Award are:
(a) Local
Government NSW; and
(b) New
South Wales Local Government, Clerical, Administrative, Energy, Airlines and
Utilities Union.
5.
Definitions and Interpretation
5.1 In
this Award, unless the context requires otherwise:
Award means the Local Government (Early Childhood Education and Care
Worker Retention Payments) Splinter Award 2024.
CS Award is a reference to the Children’s Services Award 2010 [MA000120].
ECEC
Worker Retention Payment Grant means the grant provided by the
Australian Government to support a wage increase for eligible ECEC workers from
December 2024, which opened in October 2024 and closes in September 2026.
Eligible
ECEC workers has the same meaning as under the Early Childhood Education and Care Worker Retention Payment Grant
Opportunity Guidelines originally published by the Department of Education,
Australian Government, in October 2024.
ES (Teachers) Award is a reference to the Educational
Services (Teachers) Award 2020
[MA000077].
Hourly
salary system rate of pay means the salary system rate of pay
calculated on an hourly basis.
LG
(State) Award
means:
the Broken Hill City Council Consent
Award 2022, as varied from time to
time, and any award that succeeds the Broken Hill City Council Consent
Award 2022;
the City of Sydney (South Sydney)
Award 2021 – 2024, as varied from time
to time, and any award that succeeds the City of Sydney (South Sydney)
Award 2021 – 2024;
the Local Government (State) Award
2023, as varied from time to time, and
any award that succeeds the Local Government (State) Award 2023;
The City of Sydney Award 2022, as varied
from time to time, and any award that succeeds The City of Sydney Award 2022; and/or
any
enterprise agreement or council agreement made in relation to the
abovementioned awards.
Ordinary
pay has the same meaning as under the LG (State) Award.
Salary
system rate of pay means the rate of pay an employee is entitled to
receive under their employer’s salary system in recognition of the skills the
employee is required to apply on the job.
6.
Relationship With the Lg (State) Award
6.1 This
Award is to be read and interpreted in conjunction with the LG (State) Award.
6.2 Where
there is any inconsistency between this Award and the LG (State) Award, this Award shall prevail to the extent of the
inconsistency.
6.3 Where
this Award is silent, the LG (State)
Award shall apply (where applicable).
7.
Intention
7.1 This Award puts in place special interim
arrangements to assist in ensuring that local government providers of CCS
approved services may be eligible for the Commonwealth’s Early Childhood
Education and Care Worker Retention Payment Grant.
7.2 This Award shall not set any precedent in
relation to award entitlements after its expiry.
8. Grievance
and Dispute Procedure
8.1 Clause
37 [Grievance and Dispute Procedures] of the Local Government (State) Award 2023 shall apply.
9. Anti-Discrimination
9.1 Clause 4, Anti-Discrimination
of the Local Government (State) Award
2023 shall apply.
10.
Retention Allowance for ECEC Employees
10.1 This clause supplements
the relevant salary system provisions in the LG State Award.
10.2 Employees
shall be paid the salary system rate of pay that recognises the skills the
employee is required to apply on the job.
The employee’s hourly salary system rate of pay must be equal to or
greater than the minimum hourly rates of pay for the relevant classification in
either the CS Award or the ES (Teachers) Award.
Part A Retention
Allowance (from 2 December 2024)
10.3
(a) Subject
to subclause 10.3(b), effective from 2
December 2024 (or upon the employer becoming covered by this Award employees
shall be paid a Part A Retention Allowance equal to the amount per hour set out
in either:
(i) Column 3 in Table 1 of Schedule B for
the relevant classification under the CS Award, or
(ii) Column
3 in Table 2 of Schedule B for the relevant classification under the ES
(Teachers) Award.
(b) Employees
shall immediately cease to be entitled to the Part A Retention Allowance if the
Commonwealth Government ceases to fully fund the employer for the allowance
under the ECEC Worker Retention Payment Grant.
Part B Retention (Supplement) Allowance
(from 1 July 2025)
10.4
(a) Subject to subclauses
10.4(b) and 10.4(c), effective from the first full pay period commencing on or
after 1 July 2025, employees shall be paid a Part B Retention (Supplement)
Allowance equal to the increase in rates of pay under the CS Award or the ES (Teachers) Award (if any) arising
from the Annual Wage Review of the Fair Work Commission (“FWC”)
for the 2025/2026 period.
Example:
If
the relevant minimum hourly rate under the CS Award is currently $30 per hour
and the FWC increases the award rate by 5%, the minimum hourly rate will
increase by $1.50 per hour. The amount
of the Part B Retention (Supplement) Allowance will be $1.50 per hour.
(b) The
Part B Retention (Supplement) Allowance specified at subclause 10.4(a) of this
Award may be absorbed into enterprise increases
under the LG (State) Award which take effect between 1 July 2025 and 30 June
2026.
Example:
If
the FWC increases rates of pay under the CS Award by 5% from 1 July 2025, and
the rates of pay under the LG State Award increase by 3% between 1 July 2025
and 30 June 2026:
·
Step
1: calculate the quantum of the increase to the CS Award as per the example at
subclause 10.4(a) of this Award
(5% x award rate = $X)
·
Step
2: calculate the quantum of the increase to the LG State Award
(3% x salary system rate = $Y)
The Part B Retention (Supplement) Allowance
will equal the quantum amount in Step 1 ($X) minus the quantum amount in Step 2
($Y).
(c) Employees shall immediately cease to be
entitled to the Part B Retention (Supplement) Allowance if the Commonwealth
Government ceases to fully fund the employer for the Part A Retention Allowance
at clause 10.3 and the Part C Retention Allowance at clause 10.5.
Part C Retention Allowance (from 1
December 2025)
10.5
(a) Subject to subclause
10.5(b), effective from 1 December 2025 employees shall be paid a Part C
Retention Allowance equal to 5% of the relevant hourly rate of pay under
the CS Award or the ES (Teachers) Award.
(b) Employees
shall immediately cease to be entitled to the Part C Retention Allowance if the
Commonwealth Government ceases to fully fund the employer for the allowance
under the ECEC Worker Retention Payment Grant.
11.
Leave Reserved
11.1 Leave is reserved for the Parties to the Award to apply to vary
this Award and/or access the Industrial Relations Commission of New South Wales
should the eligibility criteria for the Commonwealth’s Early Childhood
Education and Care Worker Retention Payment Grant be varied.
Schedule A - Employers covered by this Award
A.1 The employers listed in the table
below are the employers covered by this Award, as provided by clause 3.
|
|
Name of Employer
|
Date
|
|
1
|
Liverpool Plains
Shire Council
|
28 November 2024
|
|
2
|
Bogan Shire Council
|
28 November 2024
|
|
3
|
Moree Plains Shire
Council
|
28 November 2024
|
|
4
|
Eurobodalla Shire
Council
|
28 November 2024
|
|
5
|
Lachlan Shire
Council
|
28 November 2024
|
|
6
|
Bathurst Regional
Council
|
28 November 2024
|
|
7
|
Penrith City
Council
|
28 November 2024
|
|
8
|
Cumberland City
Council
|
28 November 2024
|
|
9
|
Central Coast
Council
|
28 November 2024
|
|
10
|
Canterbury-Bankstown
Council
|
28 November 2024
|
|
11
|
Northern Beaches
Council
|
28 November 2024
|
|
12
|
Tamworth Regional
Council
|
28 November 2024
|
|
13
|
Wollondilly Shire
Council
|
28 November 2024
|
|
14
|
Inner West Council
|
28 November 2024
|
|
15
|
Campbelltown City
Council
|
28 November 2024
|
|
16
|
City of Parramatta
|
28 November 2024
|
|
17
|
Leeton Shire
Council
|
28 November 2024
|
|
18
|
Sutherland Shire
Council
|
28 November 2024
|
|
19
|
Fairfield City
Council
|
28 November 2024
|
|
20
|
Lane Cove Council
|
28 November 2024
|
|
21
|
Liverpool City
Council
|
28 November 2024
|
|
22
|
Singleton Council
|
28 November 2024
|
|
23
|
Cobar Shire Council
|
28 November 2024
|
|
24
|
Byron Shire Council
|
28 November 2024
|
|
25
|
Coolamon Shire
Council
|
28 November 2024
|
|
26
|
Snowy Valleys
Council
|
28 November 2024
|
|
27
|
Cabonne Shire Council
|
28 November 2024
|
|
28
|
Georges River
Council
|
28 November 2024
|
|
29
|
City of Canada Bay
Council
|
28 November 2024
|
|
30
|
Bayside Council
|
28 November 2024
|
|
31
|
Randwick City
Council
|
28 November 2024
|
|
32
|
Armidale Regional
Council
|
28 November 2024
|
|
33
|
Albury City Council
|
28 November 2024
|
|
34
|
Blacktown City
Council
|
28 November 2024
|
|
35
|
Upper Hunter Shire
Council
|
28 November 2024
|
|
36
|
Glen Innes Severn
Council
|
28 November 2024
|
|
37
|
Greater Hume
Council
|
9 December 2024
|
Schedule B - Employers
covered by this Award
Table 1 –
Hourly quantum increases applying to the Children’s Services Award 2010
as of 2 December 2024.
|
Column 1
|
Column 2
|
Column 3
|
|
Children’s
Services Award 2010 classification
|
Hourly rate prior
to 2 December 2024
|
Quantum dollar increase from 2 December 2024
|
|
Level 1.1
|
$23.97
|
$2.40
|
|
Level 2.1
|
$24.84
|
$2.48
|
|
Level 2.2
|
$25.66
|
$2.57
|
|
Level 3.1
|
$27.17
|
$2.72
|
|
Level 3.2
|
$28.10
|
$2.81
|
|
Level 3.3
|
$28.99
|
$2.90
|
|
Level 3.4
(Diploma)
|
$30.59
|
$3.06
|
|
Level 4.1
|
$32.00
|
$3.20
|
|
Level 4.2
|
$32.49
|
$3.25
|
|
Level 4.3
|
$32.97
|
$3.30
|
|
Level 5.1
|
$33.46
|
$3.35
|
|
Level 5.2
|
$33.95
|
$3.40
|
|
Level 5.3
|
$34.43
|
$3.44
|
|
Level 6.1
|
$38.59
|
$3.86
|
|
Level 6.2
|
$39.07
|
$3.91
|
|
Level 6.3
|
$39.55
|
$3.96
|
|
Level 6.4
|
$41.02
|
$4.10
|
|
Level 6.5
|
$41.40
|
$4.14
|
|
Level 6.6
|
$41.89
|
$4.19
|
|
Level 6.7
|
$42.39
|
$4.24
|
|
Level 6.8
|
$42.88
|
$4.29
|
|
Level 6.9
|
$43.36
|
$4.34
|
|
Teachers – Long day care centres
|
|
Level 1
|
$36.74
|
$3.67
|
|
Level 2
|
$40.16
|
$4.02
|
|
Level 3
|
$43.72
|
$4.37
|
|
Level 4
|
$47.28
|
$4.73
|
|
Level 5
|
$50.83
|
$5.08
|
|
Teachers – Preschools and Schools
|
|
Level 1
|
$35.33
|
$3.53
|
|
Level 2
|
$38.61
|
$3.86
|
|
Level 3
|
$42.03
|
$4.20
|
|
Level 4
|
$45.46
|
$4.55
|
|
Level 5
|
$48.88
|
$4.89
|
____________________
Printed by
the authority of the Industrial Registrar.