A general overview of the Educational Services Award
The Educational Services (Teachers) Award 2020 sets the standards for employment across various roles in the education sector, including early childhood educators, primary and secondary school teachers, and support staff involved in educational settings. This award, alongside the Fair Work Act, ensures educators receive fair compensation for their skills and contributions to the development of students.
This article provides a summary of the key aspects of the Teachers Award, covering areas such as who the award applies to, different types of employment, rostering and work hours, minimum wage standards, relevant allowances, superannuation requirements, and leave entitlements. Understanding these provisions is imperative for ensuring compliance with legal obligations and promoting fair and equitable employment practices within your educational institution.
For detailed information on specific topics, you can find links throughout this article that direct you to further resources.
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.
Educational Services (Teachers) Award coverage
The Educational Services Award covers various teachers employed in the private education sector, including primary and secondary school teachers, special education teachers, preschool and kindergarten teachers, and teachers in early childhood education, for instance, in settings like childcare centres and family-based care.
It's worth noting that unqualified teachers who are working toward gaining necessary accreditation or registration often still fall under this award and have a right to the same minimum conditions and protections as qualified teachers. The award also applies to on-hire employees, such as temporary teachers and contract educators filling short-term positions.
This award doesn't cover high-level executives, private tutors, sports coaches, non-teaching religious roles, principals, deputy principals, public sector employees governed by state awards, or those under specific enterprise agreements.
Practical example: Lucinda, a kindergarten teacher at a private early childhood centre, focuses on preparing educational activities and supporting young children's development. As such, her role falls under the Educational Services (Teachers) Award.
Learn more about Educational Services (Teachers) Award coverage
Employment types under the Educational Services Award
The Educational Services Award recognises four main categories of employment:
- Full-time employment: Full-time teachers benefit from stable employment and a consistent schedule.
- Part-time employment: Part-time teachers work fewer hours than full-time staff but maintain regular schedules. Their compensation and benefits match their workload, ensuring proportional pay and entitlements.
- Casual employment: Casual teachers take on short-term assignments, usually lasting no more than four consecutive weeks. They earn a higher hourly rate to compensate for the lack of job security and benefits typical of permanent positions.
- Fixed-term employment: Fixed-term teachers commit to specific periods, ranging from four weeks to 12 months, to handle defined projects, cover for staff on leave, or address temporary needs. These contracts may extend for up to an additional 12 months if circumstances require.
On-hire employees, hired through recruitment agencies, fall into one of these employment categories based on the terms set in their contracts.
Educational Services (Teachers) Award ordinary hours
The Educational Services Award outlines the structure of ordinary hours to ensure fairness and consistency:
- Full-time teachers: Their ordinary hours can vary throughout the school year but are averaged over a 12-month period. Full-time roles have a cap of 205 attendance days per school year.
- Part-time teachers: Their ordinary hours are fewer than full-time but still involve regular, predictable schedules that align with their employment agreements.
- Casual teachers: Engaged for short-term roles, casual teachers' ordinary hours are agreed upon at the start of each engagement, up to a maximum of 38 hours per week.
- Fixed-term teachers: Their ordinary hours depend on the project or role they're covering, and they must follow the hours agreed upon in their employment contract.
- On-hire employees: Their ordinary hours align with the contract terms set by their recruitment agencies, similar to those directly employed in equivalent roles.
Rostering under the Educational Services Award
The Educational Award sets clear guidelines for rostering to ensure fairness and compliance. Employers must provide at least six months' written notice for term weeks and non-term days when there's a requirement for teachers to attend.
Full-time and part-time teachers should have regular, predictable schedules, with any changes requiring mutual consent or a notice period (seven weeks for school teachers, four weeks for early childhood education teachers). Teachers can request flexible working arrangements, which must be considered according to the National Employment Standards (NES).
Breaks and rest periods
Teachers working more than five hours must take an unpaid meal break of at least 30 minutes, beginning no later than five hours after starting work. Early childhood education teachers who remain on premises during their meal break receive a paid break of 20 to 30 minutes, also within five hours of starting their shift.
Educational Services (Teachers) Award pay rates
The Educational Award outlines minimum salary rates to ensure fair compensation across different teaching levels and roles. For example, a Level 1 graduate teacher in preschools or schools earns $1,342.40 per week or $70,045 annually, while those in long day care centres receive $1,396.10 per week or $72,847 annually because of the extended hours.
More experienced teachers, like those at Level 5 with Highly Accomplished or Lead Teacher accreditation, earn $1,857.40 per week ($96,919 annually) in schools and preschools, and $1,931.70 per week ($100,796 annually) in long day care centres.
Part-time teachers receive a pro-rata share of the full-time rate based on their contracted hours, ensuring fair pay proportional to their workload. Casual teachers receive an additional 25% loading on their hourly rate to compensate for the lack of job security and entitlements like sick leave and annual leave.
Payment of wages
Employers must follow specific guidelines for wage payments under the Educational Award. Employers can pay wages on a fortnightly, four-weekly, or monthly pay period, as agreed. Payment methods include cash, cheque, or direct bank transfer, with employees having the option to choose their preferred financial institution. Upon termination, there's a requirement for employers to settle all outstanding wages, including any unpaid entitlements, within seven days, in accordance with the Fair Work Commission.
See full list of Educational Services (Teachers) Award pay rates
Educational Services Award Allowances
The Education Award includes various allowances to compensate teachers for additional responsibilities and work-related expenses. For example, directors in early childhood services or preschool settings can receive a director’s allowance ranging from $8,055.18 to $12,117.79 per year, depending on the number of places they manage. Teachers in leadership or pastoral care roles may qualify for a leadership allowance based on the size of their school.
Teachers using their personal vehicles for work-related travel can claim a vehicle allowance of $0.99 per kilometre for cars and $0.33 per kilometre for motorcycles, up to 400 kilometres per week. These are just some of the allowances available under the award.
See full list of Educational Services (Teachers) Award allowances
Educational Services (Teachers) Award superannuation
The Educational Services (Teachers) Award outlines clear superannuation requirements to ensure teachers receive proper retirement benefits. Employers must contribute 11.5% of an employee’s ordinary time earnings into a superannuation fund. This requirement applies to all employees over 18 and those under 18 who work more than 30 hours a week, including full-time, part-time, and casual staff.
Teachers can choose their own superannuation fund. If they don't choose one, employers must check with the Australian Taxation Office for a stapled fund. In cases where there's no stapled fund, contributions can go to a nominated fund listed in the award, such as NGS Super or HESTA. Employers must continue superannuation contributions during paid leave and for up to 52 weeks if the employee is on workers' compensation. Teachers can also make voluntary contributions, which employers need to process promptly.
Educational Services Award leave entitlements and public holidays
The Educational Services Award sets clear guidelines for annual leave and public holidays, ensuring teachers receive fair and appropriate leave entitlements.
Annual leave
Teachers and educational staff can take four weeks of paid annual leave each year, typically during non-term weeks, to avoid disrupting the academic schedule. In schools, preschools, and kindergartens, teachers usually take this leave during the four weeks following the end of the school year, unless they agree on a different arrangement with their employer. Teachers receive a 17.5% leave loading during their annual leave.
If leave accruals exceed a reasonable amount, employers and teachers should work together to manage the balance. Employers may direct teachers to take leave when they can't agree on managing excessive leave.
Other types of leave
Full-time teachers receive 10 days of paid personal/carer’s leave annually, with part-time teachers accruing this on a pro-rata basis. Teachers can take two days of compassionate leave for events like the death or serious illness of a close family member. Parental leave offers up to 12 months of unpaid leave, with an option to request an additional 12 months.
Teachers can take community service leave for activities such as jury duty and emergency services, although this leave is typically unpaid. Teachers also have access to 10 days of unpaid leave each year for family and domestic violence situations.
Public holidays
Teachers (excluding casuals) receive a paid day off on recognised public holidays according to the NES, including Christmas Day, Easter Monday, and Australia Day. Employers can ask teachers to work on public holidays if the request is reasonable. Teachers have the right to refuse if they have valid reasons.
Employers and teachers may agree to substitute another day for a public holiday if it suits both parties. Employers must observe additional public holidays declared by states and territories.
Learn more about Educational Services (Teachers) Award leave entitlements
Key considerations for the Educational Services (Teachers) Award
The Teachers Award is complex, creating potential compliance challenges. Understanding specific nuances within this award is essential to managing these complexities effectively. Here are some key nuances to consider:
- Broad coverage across various roles: The award encompasses a wide range of roles, from classroom teachers to administrative positions and early childhood educators.
Why it matters: Proper classification of employees is critical to ensure compliance. Misclassifying roles can lead to incorrect pay rates, benefits, and leave entitlements, exposing the employer to legal risks and financial penalties.
- Complexity of casual pay rates: The pay rates for casual teachers vary based on the length of engagement and the type of institution, making these calculations intricate.
Why it matters: Incorrect pay calculations for casual employees can lead to significant payroll discrepancies and potential legal issues. Ensuring that you pay casual employees correctly, according to the specific conditions of their engagement, helps avoid disputes and compliance problems.
- Minimum engagement payments for casuals: Casual school employees receive at least half a day's pay if their regular attendance aligns with this duration. In early childhood education services, you must pay casuals based on specific hours worked: at least two hours for short engagements, four hours for shifts up to four hours, and a full day’s pay for shifts longer than four hours.
Why it matters: Not adhering to these minimum payment requirements can result in underpayments and potential legal claims from employees. It's essential to fully understand and apply these provisions to ensure fair treatment and compliance with award obligations.
- No overtime or penalty rates: The Teachers Award doesn't provide specific overtime or penalty rates, unlike many other industry awards.
Why it matters: Without overtime or penalty rate provisions, teachers who work beyond their scheduled hours might feel under compensated, potentially leading to dissatisfaction and low morale. It's important to manage workloads and schedules carefully to maintain fairness and ensure a balanced work environment.
- Specific annual leave provisions: The award includes detailed guidelines on annual leave, particularly its timing during non-term periods.
Why it matters: You must carefully manage annual leave to align with both the award’s stipulations and the NES. Failure to correctly schedule or pay for annual leave can result in compliance issues and disputes over entitlements.
- Professional development and student-free days: There may be a requirement for teachers to attend professional development sessions or participate in student-free days, which are essential for maintaining educational standards.
Why it matters: Clear communication about these requirements and compliance with award provisions during scheduling are vital. Employers must ensure that these activities don't infringe upon the teachers’ entitlements or lead to potential disputes over unpaid work.
Simplify Educational Services Award compliance with Rippling
Navigating compliance with the Teachers Award can be complex because of the broad range of roles, varying pay rates, and specific leave provisions within the education sector. Rippling’s unified platform simplifies this process, helping your educational institution stay compliant while effectively managing the unique requirements of the award. Key features include:
Comprehensive coverage and compliance tools
Rippling’s platform offers employee classification and real-time compliance alerts, keeping you updated with any changes in award coverage. With detailed reporting, audit support, and customisable templates, you can ensure that your business remains compliant with all facets of the Educational Services Award.
Streamlined rostering and leave management
With features like time and attendance tracking and leave management, Rippling ensures that all processes align with the award’s stipulations, reducing manual work and consequent errors, and enhancing operational efficiency.
Simplified payroll and superannuation
Rippling simplifies the complexities of payroll, including superannuation compliance. The platform automatically adjusts pay according to award requirements, and calculates superannuation contributions accurately.
Real-time insights and integration
Rippling’s seamless integration with existing systems ensures accurate financial management, offering peace of mind and operational flow improvements.
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.
