VECTEA Q&A
Enterprise agreements (previously referred to as Enterprise Bargaining Agreements or EBA’s) are written agreements made at an enterprise level between employers and employees and their union, concerning employment conditions.
An enterprise agreement sets out the minimum terms and conditions of employment, including wages, for employees, for a set period of up to four years.
An enterprise agreement must meet several requirements under the Fair Work Act before the Fair Work Commission can approve it. The terms and conditions of an enterprise agreement must have terms and conditions that are better off overall than the equivalent modern award and must not exclude any of the National Employment Standards.
A modern award (an award) is a document which sets out the minimum terms and conditions of employment on top of the National Employment Standards (NES) in the Fair Work Act. Modern awards came into effect on 1 January 2010 and are revised regularly with the Fair Work Commission’s Annual Wage Review and the four-yearly review into modern awards.
In the early childhood and care sector, there are two main awards apply to Early Childhood Teachers and Educators working in a Preschool or Kindergarten:
- The Educational Services (Teachers) Award 2020 [MA000077] for Early Childhood Teachers.
- The Children’s Services Award 2010 [MA000120] for Children’s Services Employees and support staff.
Administrative staff may also be covered by the terms of the Clerks – Private Sector Award 2020 [MA000002] instead of the VECTEA.
Enterprise Agreements (i.e. the VECTEA) commonly operate to the exclusion of relevant modern awards. The VECTEA operates to exclude the Educational Services (Teachers) Award and the Children’s Services Award and must have terms and conditions that are better off overall than these awards.
Both enterprise agreements and awards are referred to as industrial instruments. Industrial instruments are legally binding industrial documents which specify the terms and conditions of employment, including the minimum pay and obligations of employers.
A contract of employment is only part of the employment law framework that covers an employee in Australia. All employees are covered by the National Employment Standards (NES) regardless of whether they have signed a contract.
An employment contract cannot legally displace award or agreement terms and conditions, so if an award or agreement applies, it forms the employment contract background. A simplified relationship between various industrial instruments and legislation is detailed below.
For ELAA members, please contact our VECTEA Team at:
Early Learning Association Australia (employers only):
Employees who are members of the union, you may also contact the Australian Education Union for information and advice.
Australian Education Union
Membership Support Centre (MSC)
1800 238 842
