Local Government (Early Childhood Education and
Care Worker Retention Payments) Splinter Award 2024
INDUSTRIAL RELATIONS
COMMISSION OF NEW SOUTH WALES
Application by Local Government NSW, Industrial Organisation
of Employers.
(Case No. 413811 of 2024)
|
Before Commissioner Muir
|
2 December 2024
|
AWARD
Clause No. Subject Matter
1. Title
2. Commencement
and Duration
3. Coverage
4. Industrial
Parties
5. Definitions
and Interpretation
6. Relationship
with the LG (State) Award
7. Statement
of Intent
8. Grievance
and Dispute Procedure
9. Anti-Discrimination
10. Retention
Allowance for ECEC Employees
11. Leave
Reserved
Schedule A – Employers covered by this Award
Schedule B – Hourly quantum increases for Part A –
Retention Allowance
1. Title
This Award shall be known
as the Local Government (Early Childhood Education and Care Worker Retention
Payments) Splinter Award 2024 (“Award”).
2. Commencement and Duration
2.1 This Award commences operation on and from 28 November 2024 and
shall remain in force until 30 November 2026.
3. Coverage
3.1 This Award shall apply to all employers named in Schedule A who
operate a Child Care Subsidy (“CCS”)
approved Centre-Based Day Care (“CBDC”)
or Outside School Hours Care (“OSHC”);
and who are determined by the Commonwealth Department of Education to be
eligible for the Early Childhood Education and Care Worker Retention Payment
Grant (“ECEC Worker Retention Payment Grant”).
3.2 This Award shall apply to all employees of the employers
identified in clause 3.1 who are undertaking duties covered by the federal Children’s Services Award 2010
[MA000120] (“CS Award”) or Educational Services (Teachers) Award 2020
[MA000077] (“ES (Teachers) Award”)
that are eligible Early Childhood Education and Care workers (“Eligible ECEC workers”).
4. Industrial Parties
4.1 The industrial parties to this Award are:
(a) Local Government NSW; and
(b) New South Wales Local Government, Clerical, Administrative,
Energy, Airlines and Utilities Union.
5. Definitions and Interpretation
5.1 In this Award, unless the context requires otherwise:
Award means the Local
Government (Early Childhood Education and Care Worker Retention Payments)
Splinter Award 2024.
CS Award is a reference to
the Children’s Services Award 2010
[MA000120].
ECEC Worker Retention Payment
Grant means the grant provided by the Australian Government to support
a wage increase for eligible ECEC workers from December 2024, which opened in
October 2024 and closes in September 2026.
Eligible ECEC workers has
the same meaning as under the Early
Childhood Education and Care Worker Retention Payment Grant Opportunity
Guidelines originally published by the Department of Education, Australian
Government, in October 2024.
ES (Teachers) Award is a
reference to the Educational Services (Teachers) Award 2020 [MA000077].
Hourly salary system rate of pay
means the salary system rate of pay calculated on an hourly basis.
LG (State) Award means:
the Broken Hill City Council Consent
Award 2022, as varied from time to
time, and any award that succeeds the Broken Hill City Council Consent
Award 2022;
the City of Sydney (South Sydney)
Award 2021 – 2024, as varied from time
to time, and any award that succeeds the City of Sydney (South Sydney)
Award 2021 – 2024;
the Local Government (State) Award
2023, as varied from time to time, and
any award that succeeds the Local Government (State) Award 2023;
The City of Sydney Award 2022, as varied from time to time, and any
award that succeeds The City of Sydney
Award 2022; and/or
any enterprise
agreement or council agreement made in relation to the abovementioned awards.
Ordinary pay has the same
meaning as under the LG (State) Award.
Salary system rate of pay
means the rate of pay an employee is entitled to receive under their employer’s
salary system in recognition of the skills the employee is required to apply on
the job.
6. Relationship With the Lg (State) Award
6.1 This Award is to be read and interpreted in conjunction with
the LG (State) Award.
6.2 Where there is any inconsistency between this Award and the LG (State) Award, this Award shall
prevail to the extent of the inconsistency.
6.3 Where this Award is silent, the LG (State) Award shall apply (where applicable).
7. Intention
7.1 This Award puts in place
special interim arrangements to assist in ensuring that local government
providers of CCS approved services may be eligible for the Commonwealth’s Early
Childhood Education and Care Worker Retention Payment Grant.
7.2 This Award shall not set
any precedent in relation to award entitlements after its expiry.
8. Grievance and Dispute Procedure
8.1 Clause 37 [Grievance and Dispute Procedures] of the Local Government (State) Award 2023
shall apply.
9. Anti-Discrimination
9.1 Clause 4
[Anti-Discrimination] of the Local
Government (State) Award 2023 shall apply.
10.
Retention Allowance for ECEC Employees
10.1 This
clause supplements the relevant salary system provisions in the LG State Award.
10.2 Employees shall be paid the salary system
rate of pay that recognises the skills the employee is required to apply on the
job. The employee’s hourly salary system
rate of pay must be equal to or greater than the minimum hourly rates of pay
for the relevant classification in either the CS Award or the ES (Teachers)
Award.
Part A Retention
Allowance (from 2 December 2024)
10.3
(a) Subject to subclause 10.3(b), effective from 2 December 2024 (or upon
the employer becoming covered by this Award employees shall be paid a Part A
Retention Allowance equal to the amount per hour set out in either:
(i) Column 3 in Table 1 of Schedule B for
the relevant classification under the CS Award, or
(ii) Column 3 in Table 2 of Schedule B for the
relevant classification under the ES (Teachers) Award.
(b) Employees shall immediately cease to be
entitled to the Part A Retention Allowance if the Commonwealth Government
ceases to fully fund the employer for the allowance under the ECEC Worker
Retention Payment Grant.
Part B Retention (Supplement) Allowance
(from 1 July 2025)
10.4
(a) Subject
to subclauses 10.4(b) and 10.4(c), effective from the first full pay period
commencing on or after 1 July 2025, employees shall be paid a Part B Retention
(Supplement) Allowance equal to the increase in rates of pay under the CS Award or the ES (Teachers) Award (if any) arising
from the Annual Wage Review of the Fair Work Commission (“FWC”)
for the 2025/2026 period.
Example:
If the relevant
minimum hourly rate under the CS Award is currently $30 per hour and the FWC
increases the award rate by 5%, the minimum hourly rate will increase by $1.50
per hour. The amount of the Part B
Retention (Supplement) Allowance will be $1.50 per hour.
(b) The Part B Retention (Supplement)
Allowance specified at subclause 10.4(a) of this Award may be
absorbed into enterprise increases under the LG (State) Award which take effect
between 1 July 2025 and 30 June 2026.
Example:
If the FWC
increases rates of pay under the CS Award by 5% from 1 July 2025, and the rates
of pay under the LG State Award increase by 3% between 1 July 2025 and 30 June
2026:
·
Step
1: calculate the quantum of the increase to the CS Award as per the example at
subclause 10.4(a) of this Award
(5% x award rate = $X)
·
Step
2: calculate the quantum of the increase to the LG State Award
(3% x salary system rate = $Y)
The Part B Retention (Supplement)
Allowance will equal the quantum amount in Step 1 ($X) minus the quantum amount
in Step 2 ($Y).
(c) Employees shall immediately cease to be
entitled to the Part B Retention (Supplement) Allowance if the Commonwealth
Government ceases to fully fund the employer for the Part A Retention Allowance
at clause 10.3 and the Part C Retention Allowance at clause 10.5.
Part C Retention Allowance (from 1
December 2025)
10.5
(a) Subject
to subclause 10.5(b), effective from 1 December 2025 employees shall be paid a
Part C Retention Allowance equal to 5% of the relevant hourly rate of pay under
the CS Award or the ES (Teachers) Award.
(b) Employees shall immediately cease to be
entitled to the Part C Retention Allowance if the Commonwealth Government
ceases to fully fund the employer for the allowance under the ECEC Worker
Retention Payment Grant.
11. Leave Reserved
11.1 Leave is reserved for the Parties to the
Award to apply to vary this Award and/or access the Industrial Relations
Commission of New South Wales should the eligibility criteria for the
Commonwealth’s Early Childhood Education and Care Worker Retention Payment
Grant be varied.
Schedule A - Employers covered by this Award
A.1 The employers
listed in the table below are the employers covered by this Award, as provided
by clause 3.
|
|
Name of Employer
|
Date
|
|
1
|
Liverpool Plains
Shire Council
|
28 November 2024
|
|
2
|
Bogan Shire Council
|
28 November 2024
|
|
3
|
Moree Plains Shire
Council
|
28 November 2024
|
|
4
|
Eurobodalla Shire
Council
|
28 November 2024
|
|
5
|
Lachlan Shire
Council
|
28 November 2024
|
|
6
|
Bathurst Regional
Council
|
28 November 2024
|
|
7
|
Penrith City
Council
|
28 November 2024
|
|
8
|
Cumberland City
Council
|
28 November 2024
|
|
9
|
Central Coast
Council
|
28 November 2024
|
|
10
|
Canterbury-Bankstown
Council
|
28 November 2024
|
|
11
|
Northern Beaches
Council
|
28 November 2024
|
|
12
|
Tamworth Regional
Council
|
28 November 2024
|
|
13
|
Wollondilly Shire
Council
|
28 November 2024
|
|
14
|
Inner West Council
|
28 November 2024
|
|
15
|
Campbelltown City
Council
|
28 November 2024
|
|
16
|
City of Parramatta
|
28 November 2024
|
|
17
|
Leeton Shire
Council
|
28 November 2024
|
|
18
|
Sutherland Shire
Council
|
28 November 2024
|
|
19
|
Fairfield City
Council
|
28 November 2024
|
|
20
|
Lane Cove Council
|
28 November 2024
|
|
21
|
Liverpool City
Council
|
28 November 2024
|
|
22
|
Singleton Council
|
28 November 2024
|
|
23
|
Cobar Shire Council
|
28 November 2024
|
|
24
|
Byron Shire Council
|
28 November 2024
|
|
25
|
Coolamon Shire
Council
|
28 November 2024
|
|
26
|
Snowy Valleys
Council
|
28 November 2024
|
|
27
|
Cabonne Shire
Council
|
28 November 2024
|
|
28
|
Georges River
Council
|
28 November 2024
|
|
29
|
City of Canada Bay
Council
|
28 November 2024
|
|
30
|
Bayside Council
|
28 November 2024
|
|
31
|
Randwick City
Council
|
28 November 2024
|
|
32
|
Armidale Regional
Council
|
28 November 2024
|
Schedule B - Employers covered by this Award
Table 1 –
Hourly quantum increases applying to the Children’s Services Award 2010
as of 2 December 2024.
|
Column 1
|
Column 2
|
Column 3
|
|
|
|
|
|
Children’s
Services Award 2010 classification
|
Hourly rate prior
to
|
Quantum dollar
increase from
|
|
|
2 December 2024
|
2 December 2024
|
|
Support Worker
|
|
Level 1.1
|
$23.97
|
$2.40
|
|
Level 2.1
|
$24.84
|
$2.48
|
|
Level 2.2
|
$25.66
|
$2.57
|
|
Level 3.1
|
$27.17
|
$2.72
|
|
Children’s
Services Employee
|
|
Level 1.1
|
$23.97
|
$2.40
|
|
Level 2.1
|
$24.84
|
$2.48
|
|
Level 2.2
|
$25.66
|
$2.57
|
|
Level 3.1
|
$27.17
|
$2.72
|
|
Level 3.2
|
$28.10
|
$2.81
|
|
Level 3.3
|
$28.99
|
$2.90
|
|
Level 3.4
(Diploma)
|
$30.59
|
$3.06
|
|
Level 4A.1
|
$28.99
|
$2.90
|
|
Level 4A.2
|
$29.39
|
$2.94
|
|
Level 4A.3
|
$29.79
|
$2.98
|
|
Level 4A.4
|
$30.21
|
$3.02
|
|
Level 4A.5
|
$30.61
|
$3.06
|
|
Level 4.1
|
$32.00
|
$3.20
|
|
Level 4.2
|
$32.49
|
$3.25
|
|
Level 4.3
|
$32.97
|
$3.30
|
|
Level 5.1
|
$33.46
|
$3.35
|
|
Level 5.2
|
$33.95
|
$3.40
|
|
Level 5.3
|
$34.43
|
$3.44
|
|
Level 6.1
|
$38.59
|
$3.86
|
|
Level 6.2
|
$39.07
|
$3.91
|
|
Level 6.3
|
$39.55
|
$3.96
|
|
Level 6.4
|
$41.02
|
$4.10
|
|
Level 6.5
|
$41.40
|
$4.14
|
|
Level 6.6
|
$41.89
|
$4.19
|
|
Level 6.7
|
$42.39
|
$4.24
|
|
Level 6.8
|
$42.88
|
$4.29
|
|
Level 6.9
|
$43.36
|
$4.34
|
|
Teachers – Long
day care centres
|
|
Level 1
|
$36.74
|
$3.67
|
|
Level 2
|
$40.16
|
$4.02
|
|
Level 3
|
$43.72
|
$4.37
|
|
Level 4
|
$47.28
|
$4.73
|
|
Level 5
|
$50.83
|
$5.08
|
|
Teachers – Preschools
and Schools
|
|
Level 1
|
$35.33
|
$3.53
|
|
Level 2
|
$38.61
|
$3.86
|
|
Level 3
|
$42.03
|
$4.20
|
|
Level 4
|
$45.46
|
$4.55
|
|
Level 5
|
$48.88
|
$4.89
|
C. MUIR, Commissioner
____________________
Printed by
the authority of the Industrial Registrar.