Educational Services (Teachers) Award employment types, rostering, and breaks

The Educational Services (Teachers) Award 2020 outlines the employment structures and workplace conditions for teachers within Australia's educational sector. This award governs various aspects of employment, including the types of employment contracts, rostering practices, and entitlements to breaks. 

Understanding these provisions is essential for educational institutions to ensure compliance and create a supportive working environment for teachers. This article explores the specific employment types covered under the award, the guidelines for rostering, and the break entitlements to help educational institutions manage their workforce effectively while adhering to the award’s regulations.

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 employment types

The Educational Services (Teachers) Award categorises employees into four main types of employment: full-time, part-time, casual, and fixed-term employment. Understanding these categories is essential for effective workforce management and ensuring compliance with the award's provisions.

• Full-time employment: A full-time employee is engaged to work an average of 38 ordinary hours per week. Full-time teachers receive a stable and predictable work schedule, which includes a defined face-to-face teaching load and extra-curricular commitments as outlined in their letter of appointment.

• Part-time employment: Part-time employees work on a regular basis for less than 90% of the hours of a full-time employee. Their entitlements under the award are calculated on a pro-rata basis, reflecting their reduced teaching load compared to full-time teachers. 

• Casual employment: Casual employees are engaged for a short period, not exceeding four consecutive weeks or four consecutive term weeks for school or preschool teachers. Casual employees are typically paid a higher hourly rate to compensate for the lack of job security and benefits associated with permanent employment.
• Fixed-term employment: Fixed-term employees are hired for a specified period, ranging from at least four weeks to no more than 12 months. They may be employed on a full-time or part-time basis to undertake specific projects, tasks with a limited duration, or to replace employees on leave. If necessary, the fixed-term employment period can be extended by up to an additional 12 months, particularly in cases where the initial arrangement was intended to cover the full school year.

Additionally, the award includes provisions for on-hire employees, who are hired through recruitment agencies to work in educational services. The employment classification for on-hire employees (casual, part-time, or full-time) is based on the working hours and terms agreed upon with the agency.

Ordinary hours under the Educational Services (Teachers) Award

Clause 15 of the Educational Services (Teachers) Award 2020 provides specific details about maximum weekly hours that supplement the National Employment Standards (NES). It’s worth noting that clause 15 of this award doesn’t apply to teachers in early childhood services operating for 48 or more weeks per year. For other educational employees, ordinary hours can be averaged over a 12-month period to meet operational needs.

Tips for effective management of work hours

To boost productivity and ensure compliance with the Education Services (Teachers) Award, consider these approaches:

• Track employee hours: Keep a close watch on employee work hours to ensure they stay within the ordinary hour limits. Use effective tracking systems to help managers oversee work hours, promptly address any potential issues and ensure compliance across all employment types.
• Implement flexible scheduling: Provide flexible scheduling options that cater to both operational needs and employee preferences. This flexibility helps employees balance personal commitments with work duties, promoting a healthier work-life balance.

• Conduct regular reviews: Regularly audit work-hour records to identify any discrepancies that could lead to non-compliance. Proactively adjust schedules to prevent potential issues, maintaining a balance between operational requirements and employee well-being.

• Foster open communication: Cultivate a workplace environment where employees feel comfortable discussing their schedules. Maintain open and transparent communication channels regarding any changes or decisions affecting work hours, ensuring mutual understanding and agreement.

Educational Services (Teachers) Award rostering 

Rostering in educational services is a crucial aspect of managing teaching staff effectively. The Educational Services (Teachers) Award rostering rules apply to notice periods, days off, and flexible working arrangements to ensure a balanced and compliant approach to scheduling. Understanding these requirements is essential for employers to create equitable and efficient rosters.

Strategies for effective roster management

Managing rosters effectively in educational settings requires understanding and adhering to the Educational Services (Teachers) Award rostering guidelines. Here are practical tips to help employers maintain compliance and support staff well-being:

• Plan rosters in advance: Use a calendar tool to map out rosters six months ahead, ensuring compliance with notice periods.

• Keep schedules regular and predictable: Maintain consistency in scheduling for full-time and part-time teachers to avoid disruptions.

• Obtain consent for schedule changes: Communicate any proposed changes early and obtain written consent to foster transparency and cooperation.
• Regularly review rosters: Schedule regular reviews of roster effectiveness and make necessary adjustments based on feedback and operational needs.

• Leverage technology: Use roster management software to streamline scheduling and send automatic updates to staff.

• Track attendance: Keep detailed records of attendance days to ensure teachers don’t exceed the 205-day limit.

• Proactively train managers: Provide ongoing training for managers on compliance requirements and effective Educational Services (Teachers) Award rostering practices to ensure everyone is on the same page.

Educational Services (Teachers) Award breaks and rest periods

Understanding the break requirements for teachers is essential to ensure compliance with the Educational Services (Teachers) Award. Below are the guidelines for unpaid and paid meal breaks under this award:

Unpaid meal break

• Requirement: Employers must provide an unpaid meal break of at least 30 consecutive minutes for any employee working more than five hours in a day.
• Timing: The meal break must start no later than five hours after the employee begins work for the day.
• Exemption: This rule doesn’t apply to teachers employed in early childhood services operating for at least 48 weeks per year. These teachers are covered by specific provisions detailed in Schedule A of the award.

Paid meal break

• Early childhood teachers: If a teacher in an early childhood service is required to stay on the premises during their meal break, they’re entitled to a paid meal break.
• Duration: The paid meal break must be between 20 and 30 minutes.
• Timing: This break must be provided no later than five hours after the teacher starts work.

Advice on scheduling breaks to enhance employee well-being and compliance

Ensuring that teachers receive their mandated breaks and rest periods is key to complying with the Educational Services (Teachers) Award and maintaining the well-being of the teaching staff. Effective break management requires a clear understanding of the award's requirements and the implementation of practical strategies. Below are tips to help employers manage breaks and rest periods efficiently:

• Schedule breaks consistently: Plan break times into daily schedules to ensure all employees receive their required breaks, helping to maintain a consistent routine.

• Monitor compliance: Conduct regular audits and keep accurate records to ensure that break periods are observed as required by the award.

• Communicate clearly: Clearly inform staff about break policies during onboarding and through regular reminders, and post break schedules in common areas.

• Manage coverage: Stagger break times and designate floaters to cover for teachers during breaks, ensuring continuous supervision and minimal disruption to educational activities.
• Be flexible concerning unexpected needs: Be prepared to adjust break schedules to accommodate unforeseen circumstances and encourage employees to communicate any difficulties in taking their breaks.
• Train managers: Train managers on the importance of adhering to break policies and provide continuous updates on any changes in the award or best practices.
• Use technology: Implement time tracking systems and mobile apps to alert both employees and managers when breaks are due and to facilitate accurate break tracking.

Educational Services (Teachers) Award practical application: Example

‘Greenfield School,’ a mid-sized educational institution, faced significant challenges in managing the rosters and hours of its teaching staff in compliance with the Educational Services (Teachers) Award. The school struggled with maintaining regular schedules, providing adequate notice for roster changes, and balancing the needs of both full-time and part-time teachers.

Challenges

• Inconsistent scheduling: The school had difficulty maintaining regular and predictable schedules for both full-time and part-time teachers, leading to dissatisfaction and confusion among staff.
• Insufficient notice: Providing the required six months' notice for term and non-term attendance days was challenging, especially with frequent changes in school activities and events.
• Balancing teaching loads: Ensuring that part-time teachers' teaching loads were appropriately calculated and communicated was complex, leading to potential breaches of the award's provisions.

Resolution

Advance planning and clear communication

• Implementation of planning software: Greenfield School adopted a comprehensive planning software that allowed for detailed scheduling six months in advance. This software enabled the school to map out the entire academic year's term and non-term attendance days.
• Regular updates and meetings: The administration held monthly meetings with teaching staff to discuss upcoming schedules and any potential changes, ensuring transparency and allowing teachers to plan accordingly.

Regular and predictable schedules

• Fixed rostering templates: The school created fixed rostering templates for both full-time and part-time teachers. These templates outlined standard teaching loads and were adjusted only when absolutely necessary, reducing variability and promoting consistency.
• Written agreements: Each part-time teacher received a written agreement detailing their teaching load as a percentage of a full-time load, as well as their extra-curricular commitments. This practice ensured clarity and compliance with the award's requirements.

Efficient handling of schedule changes

• Flexible schedule management: For unexpected changes, the school developed a system where teachers could submit requests for adjustments. These requests were reviewed weekly, and changes were communicated with a minimum notice period of seven weeks for school teachers and four weeks for early childhood teachers, as required.
• Emergency protocols: In cases of emergencies or unforeseen events, the school established protocols to inform teachers as quickly as possible and to seek mutual agreement for any necessary immediate changes.

Supportive work environment

• Dedicated support staff: The school appointed a rostering coordinator responsible for managing and addressing any rostering issues, providing a direct point of contact for teachers.
• Training programs: Managers and coordinators received regular training on the Educational Services (Teachers) Award to stay updated on compliance requirements and best practices.

Outcome

By implementing these strategies, Greenfield School significantly improved its rostering and hours' management. Teachers reported higher satisfaction because of the predictability and transparency of their schedules. The school maintained compliance with the award, avoided potential legal issues, and facilitated a supportive work environment.

Key takeaways recap

In summary, here are the essential points and recommendations to ensure compliance with the Educational Services (Teachers) Award:

• Coverage: The Educational Services (Teachers) Award applies to teachers in various educational settings, including schools and early childhood services.
• Employment types: The award covers full-time, part-time, casual, and fixed-term employment. Full-time employees work an average of 38 ordinary hours per week. Part-time employees work less than 90% of the hours of a full-time employee, with their schedules and teaching loads agreed upon in writing. Casual employees are engaged for short-term periods (not more than 4 consecutive weeks or term weeks) with their schedules agreed upon at the start of the engagement. Fixed-term employees are hired for specific projects or to replace other teachers on leave, with their schedules aligned with the project requirements or the period of replacement.
• Ordinary hours: Ordinary hours can be averaged over a 12-month period to meet operational needs. Employers must document consistent teaching loads and schedules to ensure compliance, allowing flexibility while adhering to award standards.
• Breaks and rest periods: Teachers working more than five hours a day must receive an unpaid meal break of at least 30 consecutive minutes, starting no later than five hours after commencing work. This doesn’t apply to teachers in early childhood services operating for at least 48 weeks per year. Those required to stay on premises during their meal break are entitled to a paid break of 20 to 30 minutes, provided no later than five hours after starting work.
• Rostering rules: Employers must give written notice of term weeks and non-term days requiring teacher attendance at least six months in advance. Teachers can be required to attend up to 205 days per school year, excluding activities like weekend co-curricular events, school trips during non-term weeks, and leadership-related duties. Full-time and part-time teachers must have regular and predictable schedules, documented in writing. Changes require teacher consent or a notice period of seven weeks for school teachers and four weeks for early childhood teachers.

Simplifying Educational Services (Teachers) Award ordinary hours, rostering, and break management 

Understanding ordinary hours and effectively managing rosters and breaks is key to adhering to modern awards. Rippling's centralised platform provides robust tools to streamline scheduling, monitor hours, and handle breaks efficiently. Key features include:

• Smart rostering: Create compliant rosters with a fair distribution of shifts and required rest periods.
• Automated time tracking: Automatically track employee hours from clock-in to payslip, eliminating manual data entry.
• Break tracking: Automatically track meal and rest period entitlements.
• Hours monitoring: Accurately monitor and record employee working hours.
• Compliance reporting: Generate reports on hours worked, breaks taken, and rostering patterns.

With Rippling, you can do more than just meet award compliance requirements; you can exceed them.

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.