Teachers' (NSW Health Early Childhood Service
Centres) Salaries and Miscellaneous Conditions Award 2024
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by NSW Ministry of Health.
(Case No. 242526 of 2024)
|
Before Commissioner McDonald
|
30 May 2025
|
AWARD
PART A
Arrangement
Clause No. Subject Matter
1. Definitions
2. Salaries
3. Director’s
and Educational Leader’s Allowances
4. Miscellaneous
5. Conditions
of Employment
6. Terms of
Engagement and Information to be provided to Teachers
7. Disputes
and Grievance Procedures
8. No Extra
Claims
9. Area,
Incidence and Duration
PART B
MONETARY RATES
Table 1A - Rates of Pay
Table 1B - Rates of Pay from FFPPOA 2 December 2024
Table 2 - Classification Descriptions
Table 3 - Director’s Allowances
Table 4 - Educational Leader Allowance
1. Definitions
For the purposes of this Award, except for Clause 3,
Director’s and Educational Leader’s Allowance, all reference to teachers in
this Award shall include the Director or Educational Leader.
(a) "ACECQA"
means the Australian Children’s Education and Care Quality Authority.
(b) "Centre
Year" means the number of weeks for which a particular ECEC Centre is open
over the course of a calendar year.
(c) "Children’s
services and early childhood education industry" means the industry of
long day care, occasional care (including those occasional care services not
licensed), nurseries, childcare centres, day care facilities, family-based
childcare, out-of-school hours care, vacation care, adjunct care, in-home care,
kindergartens and preschools, mobile centres and early childhood intervention
programs.
(d) "Director"
means the teacher who is responsible for the day-to-day operation and
management of the Early Childhood Education and Care (ECEC) Centre as defined
in subclause (e) of this clause, holding an Early Childhood qualification as
defined in subclause (h) of this clause.
(e) "Early
Childhood Education and Care (ECEC) Centre" means a Child Care Subsidy
(CCS) funded service which provides an educational program and care for
children under school age including in a Long Day Care Centre.
(f) "Educational
Leader" means a teacher who is appointed in writing by the Director to
lead the development and implementation of the educational program in the
service.
(g) "Equivalent
Qualifications or Equivalent Course" means a qualification or course which
the employer and the teacher agree as being equivalent to the qualification or
course prescribed by the clause in question in this award, or which ACECQA determines
as being so equivalent.
(h) "Graduate
teacher" means a teacher who holds specialist Bachelor and/or Masters Degree
in Early Childhood Education from a Recognised University or Recognised
Teacher Training Institution.
(i) "Long
Day Care Centre" means an early learning setting which usually provides
services over a period of approximately eight hours or more each day for
approximately 48 weeks or more during the year.
(j) "NESA"
means the NSW Education Standards Authority.
(k) "School
education industry" means the provision of education, including preschool
or early childhood education, in a school registered and/or accredited under
the relevant authority in each State or Territory or in an early childhood
service operated by a school and includes all operations of the school.
(l) "Teacher"
means any person employed as such in an ECEC Centre, holding Early Childhood
qualifications as defined in subclause (h) of this clause and is accredited
with NESA.
(i) "Casual
Teacher" means a person who may be engaged on an hourly basis, for a
period which does not extend beyond one week, to provide services related to
the unexpected absence of temporary, permanent or exempt employees. This
provision may also encompass short-term employment associated with
unanticipated peak demands.
(ii) "Temporary
Teacher" means a person who is engaged as an employee for a period not
exceeding 13 weeks, provided that fixed term contracts of employment, whether
for periods greater or lesser than 13 weeks, must not be offered in preference
to ongoing contracts.
(m) "Teacher
Training Institution" means an Australian College of Advanced Education,
Australian Teachers College or Australian Institute of Education recognised by
the Tertiary Education Commission or its replacement.
(n) "Union"
means the Independent Education Union of Australia NSW/ACT Branch and/or Health
Services Union NSW.
(o) "Unit(s)"
means a group or class of children as differentiated as below, which need not
necessarily consist of the same children at all times:
(i) 1
Unit (1-25 children)
(ii) 2 Unit (26-50
children)
(iii) 3 Unit (51-75 children)
(iv) 4 Unit (76 +
children)
(p) "University"
means an Australian University
2. Salaries
2.1 Full time
teachers shall be paid the rates and allowances in Tables 1A and 1B of Part B -
Monetary Rates of this Award.
2.2 The minimum
weekly salary payable to full-time teachers shall, subject to the other
provisions of this Award, be calculated by dividing the per annum rates as set
out in Tables 1A and 1B-of Part B, Monetary Rates, by 52.17857.
2.3 Part-Time and
Temporary Teachers
(a) A permanent
part-time employee is one who is permanently appointed by the employer to work
a specified number of hours which are less than those prescribed for a
full-time employee. Permanent part-time employees shall be paid an hourly rate
calculated on the basis of one thirty-eighth of the
rate prescribed by the salaries clause of each relevant calling, with a minimum
payment of 3 hours for each start.
(b) The days of
attendance and normal hours of work of a part-time teacher may be varied or
increased at any time only by mutual agreement between the employer and the
teacher. Such agreement will not be unreasonably withheld by either party.
(c) A temporary
full-time teacher shall be paid at the same rate as that prescribed for a
full-time teacher with the corresponding classification. Where the temporary
contract is 13 weeks or less, a loading of 10% shall be applied.
2.4 Casual Teachers
(a) The hourly rate
of a casual teacher shall be calculated by dividing the weekly salary
prescribed in
2.1 of this clause by 38. A loading
of 10% shall then be added to the hourly rate. A casual teacher shall be paid a
minimum of 2 hours for each engagement.
(b) The amount
obtained by the operation of paragraphs (a) and (b) of this subclause is
exclusive of the pro rata payment to which the teacher is entitled under the Annual
Holidays Act 1944.
2.5 Classification
on appointment
On appointment, an employee will be classified
according to the criteria set out in Table 2 of Part B - Classification
Descriptions, and below, and paid in accordance with Table 1B in Part B.
|
Classification
|
Criteria
|
|
Level 1
|
Graduate teacher and all other teachers (as defined)
including those holding provisional or conditional accreditation /
registration
|
|
Level 2
|
Teacher with proficient accreditation / registration or
equivalent
|
|
Level 3
|
Teacher with proficient accreditation / registration or
equivalent after 3 years’ teaching service at Level 2
|
|
Level 4
|
Teacher with proficient accreditation/registration or
equivalent after 3 years’ teaching service at Level 3
|
|
Level 5
|
Teacher with Highly Accomplished / Lead Teacher accreditation/registration
or equivalent
|
2.6 Period of
Teaching Service
(a) Subject to the
provisions of this clause, teaching service means the total period a person has
been employed as a teacher by any employer in the school education industry or
the children’s services and early childhood education industry (as defined in
clause 1 Definitions)
(b) Teaching
service does not include employment as a teacher in a TAFE program (unless the
teacher is employed to teach a Vocational and Educational Training (VET)
program) or in an English Language School.
(c) Service as a
part-time teacher will normally accrue on a pro rata basis according to the
percentage of a full-time teaching load undertaken in any year. However, where
the hours are more than 90% of a full-time load, service will count as a
full-time year.
(d) In the case of
an early childhood/preschool teacher, the following will count as service:
(i) teaching
experience in preschools, kindergartens, multi-purpose centres, early
intervention services, long day care centre and other similar services;
(ii) teaching
experience of children of a school registered and/or accredited by the NSW
Department of Education;
(iii) service as a
lecturer in early childhood education or child development, as a child
development officer or equivalent.
2.7 Evidence of
Qualifications and Teaching Service
(a) On engagement, the
employer may require that the employee provides documentary evidence of
qualifications, teaching service and accreditation status.
(b) If an employer
considers that the employee has not provided satisfactory evidence, and advises
the employee in writing to this effect, then the employer may decline to
recognise the relevant qualification or experience until evidence is provided.
The employer will not unreasonably refuse to recognise the qualifications or
teaching experience of an employee.
(c) Where an
employee has completed further teaching service with another employer (for
example during unpaid leave), they will be entitled to be classified
accordingly and back paid from the date of completion of the experience,
provided the employee provides satisfactory evidence to the employer within 3
months of completion. In all other cases the employee will be classified and
paid from the date satisfactory evidence is provided.
2.8 Calculation of
Service
(a) The amount of
service of a part-time teacher (including a temporary part-time teacher) shall
total one year for every 1,982 hours of service. (1,982 hours is the number of
ordinary hours worked by a full-time teacher in a calendar year).
(b) The amount of
service of a casual teacher shall be calculated as one year for every 1,982
hours of service in a long day care service. 1,982 hours is the number of
ordinary hours worked by a full-time teacher in a calendar year in a long day
care service.
3. Director’s and
Educational Leader’s Allowance
3.1 Director’s
Allowance
(a) A full-time
teacher who is appointed as a Director as defined in Clause 1, Definitions,
shall be paid, in addition to the amounts payable pursuant to Clause 2,
Salaries, on a weekly basis, an allowance for a Director calculated by dividing
the per annum rates as set out in Table 3 - Directors’ Allowance, of Part B,
Monetary Rates, by 52.17857.
(b) The level of
the director’s allowance shall be determined by the number of Units of the ECEC
Centre.
(c) A part-time
teacher who is appointed as a Director as defined in Clause 1, Definitions, of
this Award, shall be paid, in addition to the amounts payable pursuant to
Clause 2, Salaries, of this Award, an allowance in accordance with Table 3 -
Director’s Allowance, a proportionate basis to the hours they work.
3.2. Educational
Leader’s Allowance
(a) A full time teacher who is not the Director and is appointed
in writing to the position of Educational Leader shall be paid an allowance as
set in Table 4 and shall be advised by the employer on appointment which
allowance is to apply.
(b) The level of
the Allowance shall be determined by the number of Units of the ECEC Centre.
(c) A part-time teacher
who is appointed as an Educational Leader, as defined in clause 1, Definitions
of this Award, shall be paid, in addition to the amounts payable pursuant to
clause 2, Salaries of this Award, an allowance in accordance with Table 4 -
Educational Leader’s Allowance on a proportionate basis to the hours they work.
4. Miscellaneous
4.8 Meal Break
Not more than 30 minutes nor less than 20 minutes shall
be allowed to teachers each day for a midday paid meal break. Such meal break
shall be counted as time worked.
Provided however that a teacher may, by agreement with
the employer, leave the premises or elect not to be on call during the meal
break. Where a reasonable request has been made by the teacher, the employer
shall give favourable consideration to any such
request. During this time the teacher cannot be counted as part of the
child/staff ratios under the Education and Care Services National Regulations.
Such time away from the premises or not on call shall not count as time worked
nor shall any payment be made for such time.
However, if the teacher is called back to perform any
duties within the ECEC Centre or the break is interrupted for any reason the
teacher shall be paid at time and a half for a minimum of 15 minutes and
thereafter to the nearest quarter hour until an uninterrupted break or the
balance of the break is taken.
Notation: It is agreed between the parties that any
agreement between the teacher and the employer concerning an unpaid meal break
must be genuine. For example, a teacher cannot be required by the employer to
agree to an unpaid meal break as a condition of on-going employment. Any
agreement should be recorded in writing and kept with pay records.
4.9 Professional
Development, Training and Planning
(a) Teachers are
required to attend Professional Development and Training as mandated by the
Education and Care Services National Regulations and NESA.
(b) Where a Teacher
attends a course as requested and required by the employer after hours, the
teacher shall either receive time in lieu at ordinary rates or be paid at
overtime rates for the time in attendance at the course. A teacher may not
unreasonably refuse to attend courses as required under the Education and Care
Services National Regulations or NESA.
(c) Any dispute in
relation to attendance shall be dealt with in accordance with Clause 7,
Disputes and Grievance Procedures.
4.10 First Aid
Certificate
(a) Teachers shall
be required to obtain and maintain an approved first aid certificate.
(b) Teachers will
be granted paid leave to attend a first aid course, or when a first aid course
is in the teacher’s own time, teachers will receive time in lieu at ordinary
rates or be paid at overtime rates for course attendance time.
4.11 Non-Contact Time
(a) Teachers shall
receive a minimum of two hours per week non-contact time to perform programming
and planning duties. Teachers will not be required to supervise children during
this time.
(b) Teachers
appointed as Directors or Educational Leaders shall receive a minimum of two
and a half hours per week of non-contact time in addition to non-contact time
as teacher and/or Director to perform administrative duties.
4.12 Child-Free Days
(a) Teachers
covered by this Award may, depending on the operational requirements of the
ECEC Centre, participate in a child-free day(s). Child-free days may be
allocated solely for the purposes of setting up the ECEC Centre, group planning
and cleaning of premises and resources. The number and timing of such days
shall be determined at a local level. Child-free days are not guaranteed from
ECEC Centre to ECEC Centre.
5. Conditions of
Employment
5.8 Directors and
Teachers employed under this Award will have all other conditions of employment
established by those contained in the Public Hospitals (Professional and
Associated Staff) Conditions of Employment (State) Award 2024, as varied or
replaced from time to time.
6. Terms of Engagement
and Information to be Provided to Teachers
6.8 The employer
shall provide all full-time, part-time and temporary teachers with a letter of
appointment on engagement stating the classification and rate of salary on
appointment, the hours of operation of the ECEC Centre, the teacher's
entitlements to personal leave, annual leave and long service leave, the
procedure as to alteration of days of attendance and notice on termination.
6.9 The employer
may, if the employer deems appropriate, provide a teacher of children with
special needs with a letter of appointment which outlines the teacher’s
teaching load, days of attendance, and place of employment which may be varied
throughout the period of engagement. Such variations would occur from time to
time and with not less than four weeks’ notice or otherwise by agreement.
6.10 During the first
three months of employment, employment shall be from week to week. After three
months of continuous service, employment may be terminated only by 28 days’
notice given either by the employer or the employee or by payment or forfeiture
of 28 days salary, as the case may be. Nothing in this
clause, however, shall prevent the summary dismissal of an employee for
misconduct or neglect of duty.
6.11 Upon the
termination of service of a teacher other than a casual teacher, the employee
may request from the employer for a statement of service. The statement of
service shall:
(a) set out the
length of service, the number of hours of employment if part time, the age of
children taught, the positions held and any special and/or additional duties
performed by such teacher, or
(b) include a Job
Description or List of Duties.
6.12 On termination of
casual employment, a casual teacher shall be supplied with a statement setting
out the number of days of duty undertaken by the casual teacher during the
period of their engagement provided that such request is made during or on
termination of the casual engagement.
7. Disputes and
Grievance Procedures
7.8 Where a dispute arises
in a particular section which cannot be resolved between the employees or their
representative and the supervising staff, it shall be referred to the Chief
Executive of the Public Health Organisation or their nominee, who will arrange
for the matter to be discussed with the employee concerned and a local
representative or representatives of the employee’s Union.
7.9 Failing
settlement of the issue at this level, the matter shall be referred to the
Secretary and the relevant Head Office of the employee’s Union. This dispute
will then be dealt with pursuant to subclause 7.5 of this clause.
7.10 Whilst these
procedures are continuing, no stoppage of work or any form of ban or limitation
of work shall be applied.
7.11 The employee’s
Union may vary this procedure where it is considered a safety factor is
involved.
7.12 With a view to an
amicable and speedy settlement, all disputes that cannot be settled in
accordance with subclauses 7.1 and 7.2 above may be submitted to a committee
consisting of not more than 6 members, equally represented by NSW Health and
the employee’s Union. The committee shall have the power to investigate all
matters in dispute and to report to the Public Health Organisation and the
employee’s Union with recommendations. In the event that
no mutual decision is reached by the committee, the matter in dispute may be
referred to the Public Health Employees (State) Industrial Committee.
7.13 This clause shall
not interfere with the rights of either party to institute proceedings for the
determination of any matter in accordance with the Industrial Relations Act
1996 (NSW).
8. No Extra Claims
8.8 Other than as
provided for in the Industrial Relations Act 1996 (NSW), there will be
no further claims/demands or proceedings instituted before the NSW Industrial
Relations Commission for extra or reduced wages, salaries, rates of pay,
allowances or conditions of employment with respect to the Employees covered by
the Award that take effect prior to the nominal expiry of the Award
unilaterally made by a party to this Award unless otherwise agreed by the
parties. This clause does not prevent the Parties from continuing collaborative
discussions during the life of the Award to deliver additional enhancements to
remuneration and/or conditions of employment, and to achieve additional
industry wide and systemic efficiencies and productivity improvements to the
delivery of Government services to the public. Changes to conditions or
salaries may be jointly progressed and, if agreed, an application to vary the
Award may be made by consent prior to the nominal expiry of the Award.
8.9 The terms of the
preceding paragraph do not prevent the parties from taking any proceedings with
respect to the interpretation, application or enforcement of existing Award
provisions.
9. Area, Incidence and
Duration
9.8 This Award shall
apply to all teachers employed in ECEC Centres as defined in this Award.
9.9 Other conditions
of employment not included in this Award shall be governed by the Public
Hospitals (Professional and Associated Staff) Conditions of Employment (State)
Award 2024 as varied or replaced from time to time.
9.10 This Award shall
take effect from 1 July 2024 and shall remain in force for a period of three
years.
This Award rescinds and replaces the Teachers (NSW
Health Early Childhood Service Centres) Salaries and Miscellaneous Conditions
Award 2023 and all variations thereof.
PART B
MONETARY RATES
Table 1A - Rates of Pay
In the period 1 July 2024 to the commencement of the first
full pay period on or after 1 July 2024 the applicable rates of pay are those
that applied immediately prior to the first full pay period on or after 1 July
2024.
|
Classification /
Incremental Salary Step
|
Annual Rate FFPPOA
1 July 2024 to 1
December 2024
|
|
|
Per Annum $
|
|
Three Years Trained Teachers
|
|
|
Step 1
|
64,331
|
|
Step 2
|
67,422
|
|
Step 3
|
70,755
|
|
Step 4
|
73,841
|
|
Step 5
|
77,085
|
|
Step 6
|
80,587
|
|
Step 7
|
82,523
|
|
Step 8
|
84,442
|
|
Step 9
|
87,662
|
|
Step 10
|
91,024
|
|
Step 11 and Thereafter
|
93,378
|
|
Four Years Trained Teachers
|
|
|
Step 1
|
68,175
|
|
Step 2
|
72,175
|
|
Step 3
|
76,034
|
|
Step 4
|
80,309
|
|
Step 5
|
84,284
|
|
Step 6
|
87,662
|
|
Step 7
|
91,024
|
|
Step 8
|
94,812
|
|
Step 9 and Thereafter
|
98,457
|
Table 1B - Rates of Pay from FFPPOA 2 December 2024
|
Classification/Incremental
Salary Step
|
Annual
Rate FFPPOA
2
December 2024 to
30
June 2025
|
Annual
Rate
FFPPOA
1
July 2025
|
Annual
Rate
FFPPOA
1
July 2026
|
|
|
Per
Annum $
|
Per
Annum $
|
Per
Annum $
|
|
Level 1
|
72,847
|
75,032
|
77,283
|
|
Level 2
|
84,284
|
86,813
|
89,417
|
|
Level 3
|
94,812
|
97,656
|
100,586
|
|
Level 4
|
98,457
|
101,411
|
104,453
|
|
Level 5
|
100,796
|
103,820
|
106,935
|
Table 2 - Classification descriptions
|
Classification
|
Criteria
|
|
Level 1
|
Graduate teacher and all other teachers (as defined)
including those holding provisional or conditional accreditation /
registration
|
|
Level 2
|
Teacher with proficient accreditation / registration or
equivalent
|
|
Level 3
|
Teacher with proficient accreditation / registration or
equivalent after 3 years’ teaching service at Level 2
|
|
Level 4
|
Teacher with proficient accreditation/registration or
equivalent after 3 years’ teaching service at Level 3
|
|
Level 5
|
Teacher with Highly Accomplished / Lead Teacher
accreditation/registration or equivalent
|
Table 3 - Director’s Allowance (Clause 3.1)
|
Units
|
Allowance
Description
|
Annual Rate FFPPOA
1 July 2024
Per Annum
|
Annual Rate FFPPOA
1 July 2025
Per annum
|
Annual Rate FFPPOA
1 July 2026
Per annum
|
|
|
|
$
|
$
|
$
|
|
1
|
Director's Allowance - Unit 1
|
7,050
|
7,262
|
7,480
|
|
2
|
Director's Allowance - Unit 2
|
8,604
|
8,862
|
9,128
|
|
3
|
Director's Allowance - Unit 3
|
10,739
|
11,061
|
11,393
|
|
4
|
Director's Allowance - Unit 4
|
13,416
|
13,818
|
14,233
|
Table 4 - Educational Leader’s Allowance (Clause 3.2)
|
Units
|
Allowance
Description
|
Annual Rate FFPPOA
1 July 2024
Per annum
|
Annual Rate FFPPOA
1 July 2025
Per annum
|
Annual Rate FFPPOA
1 July 2026
Per annum
|
|
|
|
$
|
$
|
$
|
|
1
|
Educational Leader’s Allowance
|
2,291
|
2,360
|
2,431
|
|
2
|
Educational Leader’s Allowance
|
2,794
|
2,878
|
2,964
|
|
3
|
Educational Leader’s Allowance
|
3,498
|
3,603
|
3,711
|
|
4
|
Educational Leader’s Allowance
|
4,371
|
4,502
|
4,637
|
J. McDONALD, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.