13 OctChildren’s Services Award to include new educational leader allowance
The Fair Work Commission has determined that an educational leader allowance of $4,022.05 per annum will be paid to an educator who carries out responsibilities consistent with the title of educational leader. As of 1 November 2022, the educational leader allowance will now be incorporated into the Children’s Services Award 2010.
What does this mean for my service?
If your service is not a VECTEA respondent, and your employee who is an educational leader is covered by the Children’s Services Award, then they must be paid the annual allowance. The specific ruling is relevant only for educators in the position of educational leader who are covered by this award (for example in long day care).
An early childhood teacher whose employment is covered under the Educational Services (Teachers) Award (Teachers Award), will continue to receive the allowance under their award.
See the full Determination here: Children’s Services Award 2010 | Fair Work Commission (fwc.gov.au)
Can the allowance be paid as an hourly rate?
Yes. The Fair Work Ombudsman’s Pay Guide for the Teachers Award provides that the allowance can be paid at a rate of $2.03 per hour (from 1 July 2022 until 30 June 2023). This allowance will be the same applicable amount in the Children’s Services Award.
Is the allowance pro-rata for part-time employees?
Yes. Clause 15.4 provides that ‘where the employee is required to act as an educational leader for less than five (5) days per week, the annual allowance prescribed by clause 15.8(a) will be payable on a pro-rata basis calculated by reference to the number of days per week the employee is required to act as an educational leader.’ This means that an educator appointed to the role of educational leader will receive the annual allowance pro-rata based on the number of days per week they perform the role.
Will the allowance be adjusted each year?
Yes. The allowance will be updated each year in July. ELAA will provide an update on its Wage Bulletins page on the ELAA membership portal.
Why has the Fair Work Commission updated this?
In its four-yearly-review of modern awards, the Fair Work Commission assessed both the Educational Services (Teachers) Award 2020 and the Children’s Services Award 2010.
In their Decisions, dated 28 July 2022 and 31 August 2022, Vice President Hatcher, Deputy President Saunders, and Commissioner Lee outlined their reasons providing that:
- educational leaders under both the Teachers Award and Children’s Services Award should have an equivalent entitlement and be the same dollar amount, currently $4,022.05 per annum; and
- the allowance is necessary to achieve the modern awards objective in s 134(1) of the Fair Work Act 2009 by ensuring that the additional responsibilities associated with the educational leader role are the subject of fair, reasonable, and consistent additional remuneration.
Do VECTEA employees receive the allowance?
No, there is no requirement to provide the allowance under the VECTEA 2020. Clause 45.1 of the VECTEA provides that educational leaders receive one hour per week per service (as either release from face-to-face teaching or additional non-teaching time) to perform these duties.
