Educational Services (Teachers) Award coverage: A comprehensive guide

The Educational Services (Teachers) Award 2020 is designed to ensure that teachers within the educational sector receive fair wages and suitable working conditions. This award caters specifically to the diverse needs of educators, including those teaching in early childhood education, primary, secondary, and special education settings. It ensures that teachers are adequately compensated and protected, addressing their unique professional requirements.

For educational institutions, compliance with this award is essential for maintaining legal standards and fostering a supportive and equitable environment for educators. This guide provides a thorough overview of the Educational Services (Teachers) Award, helping educational organisations understand its provisions and ensure adherence to its guidelines.

Note: The information provided in this article is accurate as of 04/09/2024. As award conditions and rates are subject to change, please refer to the latest version of the Educational Services (Teachers) Award for the most current information.

Who’s covered under the Educational Services Award?

The Educational Services (Teachers) Award covers a broad spectrum of roles within the school education industry and the children's services and early childhood education industry. Below, you can find detailed information on who is typically covered under this award:

Private-sector teachers in the school education industry

This award applies to teachers working in schools across Australia, providing education from preschool to secondary levels. Examples include:

• Primary school teachers: Educators teaching foundational subjects to young children.
• Secondary school teachers: Teachers specialising in specific subjects for older students.
• Special education teachers: Professionals working with students who have special educational needs.

Early childhood education and children’s services employees

The award includes teachers and educators working in various early childhood education settings and children's services. Examples include:

• Preschool teachers: Educators teaching young children before they enter formal schooling.
• Kindergarten teachers: Teachers providing early education to prepare children for primary school.

• Early childhood educators: Professionals working in daycare, occasional care, nurseries, childcare centres, daycare facilities, family-based childcare, out-of-school hours care, vacation care, adjunct care, in-home care, mobile centres, and early childhood intervention programs.

On-hire employees

This award covers any employer supplying labour on an on-hire basis within the school education industry and the children's services and early childhood education industry. Examples include:

• Temporary teachers: Teachers hired through staffing agencies to fill short-term positions in schools or early childhood settings.
• Contract educators: Educators provided by on-hire companies to address staff shortages or special programs.

Who isn’t covered under the Educational Services (Teachers) Award?

It’s essential to understand who isn’t covered under the Educational Services (Teachers) Award. Here are the specific groups that fall outside the scope of this award:

• Employees excluded from modern awards: Certain individuals, such as high-level executives or senior managers, are excluded from award coverage by the Fair Work Act.
• Private tutors: Individuals engaged solely to instruct students on an individual basis, such as music or language tutors.
• Sports coaches: Coaches and trainers who aren’t part of the teaching staff.
• Non-teaching religious roles: Members of recognised religious teaching orders or individuals engaged in religious instruction or duties.
• Principals and deputy principals: These roles are excluded from coverage under this award.
• State reference public sector employees: Employees governed by state-specific public sector awards or transitional awards are also excluded. For instance, professionals working in state-run educational services under a state-specific public sector award are not covered by the Educational Services (Teachers) Award.
• Employees under modern enterprise awards or instruments: Employees covered by modern enterprise awards or enterprise instruments are not included in this award. For example, staff working under a bespoke enterprise agreement tailored to a specific educational institution would fall outside this award’s coverage.

Educational Services (Teachers) Award coverage: Practical example

James is a full-time secondary school teacher at a private high school. His primary responsibilities include teaching science classes, preparing lesson plans, grading assignments, and conducting parent-teacher conferences. Occasionally, James also assists with the school's sports program, coaching the basketball team during the sports teacher's absence.

Analysis

James’s role is primarily focused on teaching science, which is central to the high school's operations and is clearly covered by the Educational Services (Teachers) Award. However, his occasional tasks of coaching the basketball team fall outside the typical scope of the Educational Services (Teachers) Award. Despite this overlap, James’s core responsibilities align closely with the classifications under the Educational Services (Teachers) Award, ensuring that his position is covered by this award.

Steps to determine coverage

To establish whether an employee is covered under the Educational Services (Teachers) Award, consider the following approach:

1. Identify responsibilities: Start by documenting the primary duties and everyday tasks performed by the employee.
2. Compare with awards: Compare these duties with the definitions and classifications found in the Educational Services (Teachers) Award, as well as other applicable awards.
3. Predominant Function Test: Determine if the main responsibilities of the employee align with roles typically included in the Educational Services (Teachers) Award.
4. Check exclusions: Review the exclusions specified in the Educational Services (Teachers) Award to ensure the employee's role isn’t covered by a different award.
5. Review other employment agreements: Look into any existing enterprise agreements or contracts that might affect award coverage.
6. Consult experts: If you’re unsure about which award applies, consult with industrial relations experts or legal advisors.
7. Maintain thorough records: Document the analysis process, the awards considered, any professional advice received, and the reasoning behind the final decision to ensure clear and compliant record-keeping.

Distinctions within Educational Services (Teachers) Award coverage

Understanding the specific distinctions within the Educational Services (Teachers) Award is crucial for employers to ensure compliance and avoid potential pitfalls. Here are three key distinctions that might catch employers by surprise:

Coverage of early childhood education services

The award covers a wide range of early childhood education services, including long day care, occasional care, nurseries, childcare centres, daycare facilities, family-based childcare, out-of-school hours care, vacation care, adjunct care, in-home care, kindergartens, preschools, mobile centres, and early childhood intervention programs.

Employers might assume that only traditional school settings are covered under this award. However, this comprehensive inclusion means that a variety of early childhood education and care services are also covered. 

Exclusion of non-teaching roles

The award explicitly excludes certain non-teaching roles, such as sports coaches (unless they’re part of the teaching staff), individuals providing instruction in music, language, or dance on an individual basis, teacher aides, classroom assistants, and religious instructors engaged solely for religious duties.

Employers might be surprised to find that not all individuals working within an educational institution are covered by the Educational Services (Teachers) Award. For example, a sports coach who isn’t part of the teaching staff or a music tutor providing individual lessons wouldn’t be covered. This could lead to misclassification if employers incorrectly assume these roles fall under the same award as their teaching staff.

Specific exclusions based on employment type

The award excludes employees who are covered by a modern enterprise award, state reference public sector awards, or other specific exclusions outlined by the Fair Work Act. Employers need to be diligent in understanding the various types of awards that might cover their employees. For instance, a teacher working under a bespoke enterprise agreement at a private school wound’t fall under the Educational Services (Teachers) Award. Similarly, teachers working in state-run schools might be covered by state-specific public sector awards. 

Simplifying Educational Services (Teachers) Award coverage compliance with Rippling

Navigating the intricacies of award coverage demands precise attention to ensure both compliance and fair treatment of employees. Rippling’s all-in-one platform offers a comprehensive set of tools designed to simplify and streamline your business’s adherence to award coverage requirements. Key features include:

• Automated employee classification: Automatically classify employees according to the appropriate awards.
• Real-time compliance alerts: Stay updated with any changes in award coverage.
• Detailed reporting: Generate reports to ensure compliance and maintain accurate records.
• Custom templates: Use pre-built and customisable templates for various awards.
• Audit support: Access historical data and audit trails to support compliance audits.

Disclaimer: Rippling and its affiliates do not provide tax, accounting, or legal advice. This material has been prepared for informational purposes only, and is not intended to provide or be relied on for tax, accounting, or legal advice. You should consult your own tax, accounting, and legal advisors before engaging in any related activities or transactions.