The Children’s Services Award, sometimes referred to as the Fair Work Children’s Services Award, is a legal document that outlines the minimum terms and conditions of employment for employees working in the children’s services industry in Australia. Continue reading this Legal Kitz blog to find out more about the Children’s Services Award.
What is the Children’s Services Award?
The Children’s Services Award is part of the Modern Awards system, which covers most employees in Australia’s national workplace relations system. It is designed to ensure that employees in the children’s services industry receive fair and equitable pay and conditions and to promote high-quality care for children. It sets out the minimum wage rates, work hours, leave entitlements, and other employment conditions for employees working with children in various settings, such as childcare centres, preschools, and family daycare services.
Employers in the children’s services industry must comply with the minimum requirements in the Children’s Services Award and any other applicable legislation or regulations. They may also choose to provide additional benefits or entitlements to their employees above and beyond the minimum requirements of the Award.
Standards outlined in the Children’s Services Award
The Children’s Services Award in Australia sets out the minimum employment standards and entitlements for childcare and early education employees. Its purpose is to provide a framework of fair and reasonable working conditions and rights for workers in these sectors. Some of the key aspects of the Children’s Services Award are:
- Establish minimum wage rates for child care and early education employees.
- Outlining standard working hours and provisions for overtime and flexible working arrangements.
- Providing for a range of leave entitlements, such as annual, sick, and parental leave.
- Establishing workplace health and safety requirements, including providing a safe working environment and appropriate training and equipment.
- Providing professional development opportunities for employees, including access to training programs and funding for further education.
- Establishing workplace relations provisions, including dispute resolution procedures and protections against discrimination and harassment.
Specific wages outlined in the award
The minimum wages under this award can vary depending on the workers’ experience and qualifications, however the following represents a basic Children’s Services Award pay guide.
As of 1 July 2021, the minimum hourly rate for a Level 1 childcare worker was $21.61, while the minimum hourly rate for a Level 4 worker was $28.92. These rates are subject to change over time and may also depend on the specific state or territory in which the worker is employed.
It is important to note that these are minimum rates, and employers may pay their workers more than the minimum wage. Additionally, some workers may be covered by enterprise agreements, which can provide for different pay rates and employment conditions.
Workers covered under the Children’s Services Award
This award covers a wide range of roles and positions related to the care, protection, and support of children, including:
- Childcare workers
- Early childhood educators
- Out-of-school hours care workers
- Family daycare providers
- Nannies and au pairs
- Children’s services coordinators and directors
- Child protection workers
- Family support workers
- Residential care workers
- Youth workers
The Children’s Services Award also applies to employers who provide children’s services, such as child care centers, family day care services, and out-of-school hours care services.
How can the Children’s Services Award be improved?
- Increase funding for the sector: Adequate funding is crucial for improving the quality of services provided to children and families and ensuring that workers in the industry are appropriately paid and supported.
- Increase wages: Many workers in the children’s services sector are paid low wages, which can lead to high turnover and difficulty in attracting and retaining qualified staff. Increasing wages would help to attract and retain workers and improve the quality of services provided to children and families.
- Improve working conditions: Children’s services workers face many challenges, including high workloads and exposure to trauma and violence. Improving working conditions through workload management, access to training and professional development, and worker well-being support can help address these challenges and improve worker retention.
- Increase recognition of the sector’s value: The children’s services sector is critical in supporting children and families, yet it is often undervalued and underfunded. Increasing recognition of the value of the sector and the important work that children’s services workers do would help to improve conditions for workers and the quality of services provided to children and families.
What are the ways business owners can ensure they are complying with the Children’s Services Award?
Business owners can ensure they are complying with an industry award by following these steps:
- Obtain a copy of the relevant industry award: The first step is to obtain a copy of the industry award that covers the business’s employees. The award will set out the minimum wages and conditions applicable to relevant industry employees.
- Review the award and understand its requirements: Business owners should review the award and ensure they understand its requirements. They should pay particular attention to the minimum wage rates, overtime rates, penalty rates, and leave entitlements.
- Review employment contracts and payroll systems: Business owners should review their employment contracts and payroll systems to ensure compliance with the award. They should ensure that all employees are paid at least the minimum wage rates specified in the award and that overtime and penalty rates are applied correctly.
- Keep up-to-date with changes to the award: Awards can be updated from time to time, so it is essential for business owners to keep up-to-date with any changes to the award that may affect their employees.
- Seek professional advice if unsure: If business owners are unsure about how to comply with the award, they should seek professional advice. This may include consulting with a lawyer, an accountant, or an industry association.
By following these steps, business owners can ensure they are complying with the relevant industry award and avoid the risk of penalties and legal action for non-compliance.
Legal advice
If you require further assistance or advice regarding the Children’s Services Award, feel free to contact Legal Kitz to assist you. To request a FREE 30 minute consultation with one of our highly experienced solicitors, contact us at [email protected] or 1300 988 954. You can also visit our sister company – Business Kitz’s Subscriptions, to access our full range of legal, commercial and employment document templates to begin your business with a solid foundation that ensures compliance.