FWC Award Review sees important clarification on ECT casual minimum rates payable

The Fair Work Commission (FWC), as part of its four yearly annual award review, has passed a variation that will see the determination of a casual early childhood teacher’s (ECTs) daily minimum payments clarified, and see payments for a shift rounded up to a full day rate regardless of the number of hours worked above the four hour threshold outlined in the Educational Services (Teachers) Award. 

 

This variation will have implications for any service that employs casual ECTs who have been adhering to the previous award terms, which state that a casual ECT will be paid for a minimum of a quarter day with no further commentary on what minimum rates apply for those that work for more than quarter of a day. 

 

Commenting on the development Richard Schaube, National Manager – Early Childhood at  ANZUK Education said “This new variation goes a long way to eliminating any ambiguity about what the correct minimum rate for a casual ECT in any given day should be.” 

 

“From our perspective it is an important clarification that has not been fully understood yet by the broader early childhood education and care (ECEC) community. We are hopeful that as we move into 2021 more stakeholders, including ECTs, become aware of the changed rules.”

 

The new clause specifies in some detail precisely what minimum rates apply for a range of time periods providing little in the way of ambiguity as to how the rates should be applied. 

 

The new 17.5(c)(ii) clause notes the following:

 

(ii) A casual employee in a children’s service or early childhood education service will be paid for a minimum of:

 

• where they are required to work for up to 2 hours, 2 hours;

 

• where they are required to work for more than 2 hours and up to 4 hours, 4 hours; and

 

• where they are required to work for more than 4 hours and up to a full day, the full day rate, based on their appropriate hourly rate.

 

And compares to the previous 17.5(c)(ii) clause which stated that: 

 

(ii) A casual employee in a children’s service or early childhood education service will be paid for a minimum of a quarter day.

 

This variation was passed on 19 October 2020 but The Sector has elected to re-raise the matter in light of its importance to the casual ECT community and those providers who employ them. 

 

To review the latest version of the Educational Services (Teachers) Award please click here.