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Reminder: Underpayment of educator wages is a crime effective 1 Jan 2025

Freya Lucas

Dec 18, 2024

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From 1 January 2025 the intentional underpayment of wages and entitlements, including to those working in the early childhood education and care (ECEC) sector, can be a criminal offence.

The Fair Work Commission will be able to investigate suspected criminal underpayment offences and refer suitable matters for criminal prosecution. If a person is convicted of a criminal offence, a court can impose fines, prison time, or both.

There are protections in place for businesses to avoid criminal prosecution. This includes the Voluntary Small Business Wage Compliance Code (Code) and cooperation agreements.

Small business employers conduct cannot be referred for possible criminal prosecution if the Ombudsman is satisfied that they have complied with the Code in relation to an underpayment.

The Code, and its supporting guide, are a valuable resource for small businesses in the ECEC sector, who should be aware of the changes.

To learn more about the changes please see here.

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NSW Early Learning Commission conducts 220 unannounced visits

Failing the Most Vulnerable: Two WA Childcare Providers Penalised Over Supervision Breaches

Childcare centres may have clear rules for staff numbers, but there are loopholes to get around them

There is a growing number of “serious incidents” in Australian early childhood services, including day cares.

What Can Australia Learn from Ontario’s Child Care Ratios?

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Don’t miss a thing

NSW Early Learning Commission conducts 220 unannounced visits

NSW Early Learning Commission conducts 220 unannounced visits

Failing the Most Vulnerable: Two WA Childcare Providers Penalised Over Supervision Breaches

Childcare centres may have clear rules for staff numbers, but there are loopholes to get around them

What Can Australia Learn from Ontario’s Child Care Ratios?

Burnout in early childhood education: Why leadership support is the missing lever

Reminder: Underpayment of educator wages is a crime effective 1 Jan 2025

From 1 January 2025 the intentional underpayment of wages and entitlements, including to those working in the early childhood education and care (ECEC) sector, can be a criminal offence.

Don’t miss a thing

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