Child Care (Subsidised Centres) Award

Child Care (Subsidised Centres) Award

1. - TITLE

This award shall be known as the Child Care (Subsidised Centres) Award and shall replace the Child Care Centres (Aides) Award No. A 2 of 1983, and the Child Care Centres (Pre School Teachers) Award No. A 3 of 1983 and the Child Care Centres (Child Care Workers) Award No. A 4 of 1983 insofar as those awards relate to government subsidised centres.

1B. - MINIMUM ADULT AWARD WAGE

(1)No employee aged 21 or more shall be paid less than the minimum adult award wage unless otherwise provided by this clause.

(2)The minimum adult award wage for full-time employees aged 21 or more is $708.90 per week payable on and from the commencement of the first pay period on or after 1 July 2017.

(3)The minimum adult award wage is deemed to include all State Wage order adjustments from State Wage Case Decisions.

(4)Unless otherwise provided in this clause adults employed as casuals, part-time employees or piece workers or employees who are remunerated wholly on the basis of payment by result shall not be paid less than pro rata the minimum adult award wage according to the hours worked.

(5)Employees under the age of 21 shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision in this award to the minimum adult award wage.

(6)The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or Jobskill placements or employed under the Commonwealth Government Supported Wage System or to other categories of employees who by prescription are paid less than the minimum award rate, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.

(7)Liberty to apply is reserved in relation to any special category of employees not included here or otherwise in relation to the application of the minimum adult award wage.

(8)Subject to this clause the minimum adult award wage shall –

(a)Apply to all work in ordinary hours.

(b)Apply to the calculation of overtime and all other penalty rates, superannuation, payments during any period of paid leave and for all purposes of this award.

(9)Minimum Adult Award Wage

The rates of pay in this award include the minimum weekly wage for employees aged 21 or more payable under the 2017 State Wage order decision. Any increase arising from the insertion of the minimum wage will be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the minimum wage.

(10)Adult Apprentices

(a)Notwithstanding the provisions of this clause, an apprentice, 21 years of age or more, shall not be paid less than $607.60 per week on and from the commencement of the first pay period on or after 1 July 2017.

(b)The rate paid in the paragraph above to an apprentice 21 years of age or more is payable on superannuation and during any period of paid leave prescribed by this award.

(c)Where in this award an additional rate is expressed as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual year of apprenticeship.

(d)Nothing in this clause shall operate to reduce the rate of pay fixed by the award for an adult apprentice in force immediately prior to 5 June 2003

2. - ARRANGEMENT

1.Title

1B.Minimum Adult Award Wage

2. Arrangement

3. Area

4. Scope

5. Term

6. Definitions

7. Contract of Service

8. Hours of Work

9. Overtime

10.Absence Through Sickness

11.Wages

12.District Allowances

12A.Fares and Travelling Allowances

13.Special Leave

14.Annual Leave

15.Public Holidays

16.Long Service Leave

17.Payment of Salaries

18.Time and Wages Record and Right of Entry

19.Casual and Part Time Employees

20.Maternity Leave

21.Bereavement Leave

22.Meal Breaks and Allowances

23.Shift and Weekend Work

24.Liberty to Apply

25.Superannuation

26.Award Modernisation and Enterprise Consultation

27.Classification Definitions and Skill Descriptors

28.Supported Wage System

29.Redundancy

Appendix - Resolution of Disputes Requirement

Schedule A - Parties to the Award

Schedule B - Respondents

Appendix - S.49B - Inspection Of Records Requirements

3. - AREA

This award shall have effect over the whole of the State of Western Australia.

4. - SCOPE

This award shall apply to all employees employed in the classifications set out in Clause 11. - Wages in government subsidised nurseries, child care of day care services, excluding persons employed pursuant to the Hospital Workers (Ngal-a) Award, No. 6 A of 1958.

Provided that this award shall not apply to Administrators/Directors who are directly employed by local government authorities.

5. - TERM

The term of this award shall be for a period of 6 months from the date hereof.

6. - DEFINITIONS

"Casual Employee" shall mean an employee who is regularly employed for less than four weeks.

"Part Time Employee" shall mean an employee who is regularly employed for less than that prescribed in Clause 8. - Hours of Work of this award, for a full week's work.

"Government Subsidised Centre" shall mean a centre which is provided with funding under children's services programmes or their successors of the Federal Government or State Government through the Department of Community Development or its successors and which includes funding for the Family Centres Programme. Provided that any such funding including Fee Relief, which is provided for the operation of centres which are covered by the Children's Services (Private) Award No. A10 of 1990, does not render those centres within the scope of this definition.

"Sponsoring Body" shall include the Management Committee of the Centre.

"Union" shall mean The Australian Liquor, Hospitality and Miscellaneous Workers Union, Western Australian Branch.

"Year of Experience" shall mean experience in the appropriate classification. Where there is a dispute as to whether the employee's previous experience shall count for determining the "year of experience" it shall be determined by the Western Australian Industrial Relations Commission.

7. - CONTRACT OF SERVICE

(1)The contract of service may be terminated by either party by the giving of two weeks' notice on any day to the other party, or by the forfeiture of payment as the case may be of two weeks' pay in lieu of such notice.

Provided that by mutual consent, this notice period may be waived. Provided that this shall not affect the right of the employer to dismiss an employee for misconduct, in which case salary shall be paid up to the time of dismissal only.

(2)(a)If an employee's work or conduct falls to an unsatisfactory level, to a point where the employee's contract of service is in jeopardy, the sponsoring body shall notify the employee in writing, detailing the areas of dissatisfaction and explaining that the employee has four weeks to reach a satisfactory level.

(b)The employee has the right to appeal against the allegations of dissatisfaction specified in paragraph (a) of this subclause and shall have the right to speak on his/her own behalf, or to Union representation before the sponsoring body or it's nominated representative/s.

(3)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 the award provided that such duties are not designed to promote de-skilling.

8. - HOURS OF WORK

(1)The ordinary hours of work shall be 38 per week for Child Care Givers, E Workers and Support Employees Grade One and Grade Two and 37.5 per week for other employees, to be worked as not more than 8 hours per day between the hours of 7am and 6pm Monday to Friday inclusive. Such hours will be worked continually except for meal breaks.

(2)Where by agreement between the employer and the employee, the hours of work are arranged to allow an employee to regularly accumulate time off without loss of wages, the daily hours may be extended without payment of overtime to the extent of the agreed accumulation.

(3)Where, immediately prior to the coming into operation of this award an employer provided an employee with non-contact time for the purpose of planning, preparation and reading, such non-contact time shall not be discontinued because of the operation of this award.

(4)Where it is agreed between the employer and the employee, contact staff shall be allowed non-contact time for the purpose of planning, preparation and reading.

(5)Where the regulations governing the staffing level of a child care centre so require, then replacement staff shall be employed during the absence of employees observing non-contact time.

(6)Any dispute regarding the provision of non-contact time shall be referred to the Industrial Relations Commission for determination.

9. - OVERTIME

(1)For all work performed on Monday to Friday beyond the ordinary hours or outside the spread of hours as prescribed in subclause (1) of Clause 8. - Hours of Work, payment shall be made at the rate of time and one-half for the first two hours and double time thereafter.

(2)Work performed on a Saturday or Sunday shall be paid at the rate of double time.

(3)The provisions of this clause shall not apply to shift workers as defined by Clause 23. - Shift and Weekend Work.

10. - ABSENCE THROUGH SICKNESS

(1)(a)An employee who is unable to attend or remain at her place of employment during the ordinary hours of work by reason of personal ill health or injury shall be entitled to payment during such absence in accordance with the following provisions.

(b)Entitlement to payment shall accrue at the rate of 1/6th of a week for each completed month of service with the employer.

(c)If in the first or successive years of service with the employer an employee is absent on the ground of personal ill health or injury for a period longer than her entitlement to paid sick leave, payment may be adjusted at the end of that year of service, or at the time the employee's services terminate, if before the end of that year of service, to the extent that the employee has become entitled to further paid sick leave during that year of service.

(2)The unused portions of the entitlement to paid sick leave in any one year shall accumulate from year to year and subject to this clause may be claimed by the employee if the absence by reason of personal ill health or injury exceeds the period for which entitlement has accrued during the year at the time of the absence. Provided that an employee shall not be entitled to claim payment for any period exceeding ten weeks in any one year of service.

(3)To be entitled to payment in accordance with this clause the employee shall as soon as reasonably practicable advise the employer of her inability to attend for work, the nature of her illness or injury and the estimated duration of the absence. Provided that such advice, other than in extraordinary circumstances shall be given to the employer within 24 hours of the commencement of the absence.

(4)The provisions of this clause do not apply to an employee who fails to produce a certificate from a medical practitioner dated at the time of the illness or who fails to supply such other proof of the illness or injury as the employer may reasonably require provided that the employee shall not be required to produce a certificate from a medical practitioner with respect to absences of two days or less unless after two such absences in any year of service the employer requests in writing that the next and subsequent absences in that year, if any, shall be accompanied by such certificate.

(5)(a)Subject to the provisions of this subclause, the provisions of this clause apply to an employee who suffers personal ill health or injury during the time when she is absent on annual leave and an employee may apply for and the employer shall grant paid sick leave in place of paid annual leave.

(b)Application for replacement shall be made within seven days of resuming work and then only if the employee was confined to her place of residence or a hospital as a result of her personal ill health or injury for a period of seven consecutive days or more and she produced a certificate from a registered medical practitioner that she was so confined. Provided that the provisions of this paragraph do not relieve the employee of the obligation to advise the employer in accordance with subclause (3) of this clause if she is unable to attend for work on the working day next following her annual leave.

(c)Replacement of paid annual leave by paid sick leave shall not exceed the period of paid sick leave to which the employee was entitled at the time she proceeded on annual leave and shall not be made with respect to fractions of a day.

(d)Where paid sick leave has been granted by the employer in accordance with paragraphs (a), (b) and (c) of this subclause, that portion of the annual leave equivalent to the paid sick leave is hereby replaced by the paid sick leave and the replaced annual leave may be taken at another time mutually agreed to by the employer and the employee or, failing agreement, shall be added to the employee's next period of annual leave or, if termination occurs before then, be paid for in accordance with the provisions of Clause 14. - Annual Leave.

(e)Payment for replaced annual leave shall be at the rate of wage applicable at the time the leave is subsequently taken provided that the annual leave loading prescribed in Clause 14. - Annual Leave shall be deemed to have been paid with respect to the replaced annual leave.

(6)Where a business has been transmitted from one employer to another and the employee's service has been deemed continuous in accordance with subclause (3) of Clause 2 of the Long Service Leave provisions published in Volume 65 of the Western Australian Industrial Gazette at pages 1 to 4 inclusive, the paid sick leave standing to the credit of the employee at the date of transmission from service with the transmittor shall stand to the credit of the employee at the commencement of service with the transmittee and may be claimed in accordance with the provisions of this clause.

(7)The provisions of this clause with respect to payment to do not apply to employees who are entitled to payment under the Workers' Compensation Act nor to employees whose injury or illness is the result of the employee's own misconduct.

(8)The provisions of this clause do not apply to casual employees.

11. - WAGES

The total minimum weekly rate of wage payable to persons employed pursuant to this award shall be:

$ (Per Week) / A.S.N.A. $ / TOTAL WAGE
(1) / (a) / Child Care Support Employee - Grade One - Cleaner / 412.60 / 337.70 / 750.30
Child Care Support Employee - Grade One - Kitchen Hand / 419.30 / 338.10 / 757.40
Child Care Support Employee - Grade Two
Step I / 423.50 / 338.30 / 761.80
Step II / 431.80 / 338.80 / 770.60
Child Care Giver
Step I / 412.60 / 337.70 / 750.30
Step II / 422.00 / 338.20 / 760.20
Step III / 431.50 / 338.70 / 770.20
Step IV / 441.00 / 339.30 / 780.30
E Worker
Step I / 797.40
Step II / 805.90
Qualified Child Care Giver
Step 1A / 488.00 / 346.80 / 834.80
Step 1B / 506.00 / 348.20 / 854.20
Step II / 520.40 / 347.20 / 867.60
Step III / 534.60 / 348.40 / 883.00
Step IV / 549.10 / 349.50 / 898.60
(b) / Assistant Director - Grade One
Step I / 556.90 / 350.20 / 907.10
Step II / 562.40 / 350.60 / 913.00
Step III / 570.00 / 353.40 / 923.40
Assistant Director - Grade Two
Step I / 562.40 / 350.60 / 913.00
Step II / 570.00 / 353.40 / 923.40
Step III / 577.50 / 353.90 / 931.40
Assistant Director - Grade Three
Step I / 570.00 / 353.40 / 923.40
Step II / 577.50 / 353.90 / 931.40
Step III / 591.50 / 355.10 / 946.60
(c) / Childrens Programme - Co-ordinator (Family Centre)
Step I / 506.00 / 348.20 / 854.20
Step II / 519.60 / 347.20 / 866.80
Step III / 549.10 / 349.50 / 898.60
Step IV / 572.60 / 353.60 / 926.20
Step V / 598.10 / 355.50 / 953.60
Step VI / 621.70 / 357.50 / 979.20
Step VII / 651.20 / 359.90 / 1011.10
Step VIII / 683.60 / 360.30 / 1043.90
(d) / Qualified Occasional Care/Limited Time (State Government)
Step 1A / 15.62 / 11.09 / 26.71
Step 1B / 16.19 / 11.14 / 27.33
Step II / 16.65 / 11.11 / 27.76
Step III / 17.11 / 11.15 / 28.26
Step IV / 17.57 / 11.19 / 28.76

(2)(a)Except as provided hereunder, in paragraphs (b) and (d) of this subclause progression from step to step for Child Care Support Employees Grade One and Two, Child Care Giver, Qualified Child Care Giver, Qualified Occasional Care/Limited Time (State Govt), Childrens Programme Co-Ordinator (Family Centre), Assistant Director Grade One, Assistant Director Grade Two, Assistant Director Grade Three and Pre-School Teacher will be contingent upon:

(i)12 months' service at each step; and

(ii)satisfactory performance at each step.

(b)An employee employed as a Child Care Giver on completion of an introductory child care course shall immediately progress by one additional step beyond that previously determined in accordance with paragraph (a) of this subclause. Additional steps shall be determined in accordance with paragraph (a) of this subclause.

(c)An employee under the age of 21 years who is employed as a Child Care Giver shall be paid a percentage of the rate applicable to an adult employee, taking into account the provisions for progression specified in paragraphs (a) and (b) of this subclause. The percentages of the adult rate shall be:

% of adult rate
At or under 16 years of age / 50
At 17 years of age / 60
At 18 years of age / 75
At 19 years of age / 85
At 20 years of age / 95
Thereafter the adult rate

(ca)An employee who is identified as an E Worker shall be a person who is required to exercise supervision of an infant or toddler area in accordance with the Community Services (Child Care) Regulations ("the Regulations") 1988. At the completion of twelve months satisfactory service that person shall be paid the Step II rate.

(d)An employee at Step IA Qualified Child Care Giver and Step IA Qualified Occasional Care/Limited Time (State Govt.) shall be a person with no previous experience in the industry. At the completion of twelve months satisfactory performance that person shall be paid the Step II rate.

(e)An employee at Step IB Qualified Child Care Giver and Step IB Qualified Occasional Care/Limited Time (State Govt.) shall be a person with previous experience in the industry. At the completion of twelve months satisfactory performance that person shall be paid the Step II rate.