2025 WAIRC 00492
Children’s Services (Private) Award 2006

1B. - MINIMUM ADULT AWARD WAGE

(1) No employee aged 21 or more shall be paid less than the minimum adult award wage unless otherwise provided by this clause.

(2) The minimum adult award wage for full-time employees aged 21 or more working under an award that provides for a 38-hour week is $953.00 per week.

The minimum adult award wage for full-time employees aged 21 or more working under awards that provide for other than a 38-hour week is calculated as follows: divide $953.00 by 38 and multiply by the number of ordinary hours prescribed for a full-time employee under the award.

The minimum adult award wage is payable from the beginning of the first pay period commencing on or after 1 July 2025.

(3) The minimum adult award wage is deemed to include all State Wage order adjustments from State Wage Case decisions.

(4) Unless otherwise provided in this clause adults aged 21 or more employed as casuals, part-time employees or piece workers or employees who are remunerated wholly on the basis of payment by results, shall not be paid less than pro rata the minimum adult award wage according to the hours worked.

(5) Employees under the age of 21 shall be paid no less than the wage determined by applying the percentage prescribed in the junior rates provision in this award (if applicable) to the minimum adult award wage, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.

(6) The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or government approved work placement programs or employed under the Commonwealth Government Supported Wage System or to other categories of employees who by prescription are paid less than the minimum award rate, provided that no employee shall be paid less than any applicable minimum rate of pay prescribed by the Minimum Conditions of Employment Act 1993.

(7) Liberty to apply is reserved in relation to any special category of employees not included here or otherwise in relation to the application of the minimum adult award wage.

(8) Subject to this clause the minimum adult award wage shall –

(a) Apply to all work in ordinary hours.

(b) Apply to the calculation of overtime and all other penalty rates, superannuation, payments during any period of paid leave and for all purposes of this award.

(9) Minimum Adult Award Wage

The rates of pay in this award include the minimum weekly wage for employees aged 21 or more payable under the 2025 State Wage order. Any increase arising from the insertion of the minimum wage will be offset against any equivalent amount in rates of pay received by employees whose wages and conditions of employment are regulated by this award which are above the wage rates prescribed in the award. Such above award payments include wages payable pursuant to enterprise agreements, consent awards or award variations to give effect to enterprise agreements and over award arrangements. Absorption which is contrary to the terms of an agreement is not required.

Increases under previous State Wage Case Principles or under the current Statement of Principles, excepting those resulting from enterprise agreements, are not to be used to offset the minimum wage.

(10) Adult Apprentices

(a) Notwithstanding the provisions of this clause, the minimum adult apprentice wage for a full-time apprentice aged 21 years or more working under an award that provides for a 38-hour week is $791.30 per week.

(b) The minimum adult apprentice wage for a full-time apprentice aged 21 years or more working under an award that provides for other than a 38-hour week is calculated as follows: divide $791.30 by 38 and multiply by the number of ordinary hours prescribed for a full-time apprentice under the award.

(c) The minimum adult apprentice wage is payable from the beginning of the first pay period commencing on or after 1 July 2025.

(d) Adult apprentices aged 21 years or more employed on a part-time basis shall not be paid less than pro rata the minimum adult apprentice wage according to the hours worked.

(e) The rates paid in the paragraphs above to an apprentice 21 years of age or more are payable on superannuation and during any period of paid leave prescribed by this award.

(f) Where in this award an additional rate is expressed as a percentage, fraction or multiple of the ordinary rate of pay, it shall be calculated upon the rate prescribed in this award for the actual year of apprenticeship.




22. - WAGES

(1) The total minimum weekly rate of wage payable to persons employed pursuant to this award shall be:

Classification
Pay Level
Relativity to C10
Per week
$





(a)
Children Services Employee Level 1









Grade One









Cleaner
1.1
90.6%
981.90

Kitchen Hand
1.2
91.7%
990.50






Grade Two (Cook/Gardener)









On commencement
1.3
92.5%
995.90

after 1 year in the industry
1.4
93.9%
1006.70





(b)
Children Services Employee Level 2









on commencement
2.1
90.6%
981.90

after 1 year in the industry
2.2
92.2%
993.90

after 2 years in the industry
2.3
93.9%
1006.20

after 3 years in the industry
2.4
95.5%
1018.60






E worker




on commencement
2.5
98.3%
1039.30

after 1 year in the industry
2.6
99.6%
1049.60





(c)
Children Services Employee Level 3









on commencement
3.1
100.0%
1055.10

after 1 year in the industry
3.2
105.0%
1086.90

after 2 years in the industry
3.3
110.0%
1116.60

CSE Level 3 holding AQF Certificate IV
3.4
115.0%
1141.30

CSE Level 3 holding AQF Diploma in Children’s Services or CSE Level 3 who is an E Worker
3.5
Note 1
1170.70

Note 1: Pay Level 3.5 is fixed at the mid-point between the Level 3.3 rate and the Level 4.1 rate








Relativity to C5






(d)
Children Services Employee Level 4









on commencement
4.1
100.0%
1224.70

after 1 year in the industry
4.2
102%
1241.10

after 2 years in the industry
4.3
104%
1257.00










(e)
Children Services Employee Level 5









on commencement
5.1
106.1%
1274.10

after 1 year in the industry
5.2
108.1%
1290.30

after 2 years in the industry
5.3
110.1%
1306.30

Note: An Assistant Director who holds an Advanced Diploma (AQF 6) must be paid no less than
5.4
Note 2
1310.80





Note 2: Pay Level 5.4 has a 145% relativity to the pay level 3.1 [C10] rate.





(f)
Children Services Employee Level 6









Grade 1




on commencement
6.1
128.6%
1453.50

after 1 year in the industry
6.2
130.6%
1469.90

after 2 years in the industry
6.3
132.6%
1486.00






Grade 2




on commencement
6.4
138.7%
1535.30

after 1 year in the industry
6.5
140.3%
1548.20

after 2 years in the industry
6.6
142.3%
1564.70






Grade 3




on commencement
6.7
144.4%
1581.30

after 1 year in the industry
6.8
146.4%
1597.60

after 2 years in the industry
6.9
148.4%
1613.80





Note 3: A Director or Assistant Director who holds a Graduate Certificate in Child Care Management or equivalent will be paid an all-purpose allowance, calculated at 5% of the weekly rate for Assistant Director (Pay Level 5.3) ie
65.00





(g)
Pre-School Teachers









Step I
7.1
94.1%
1180.90

Step II
7.2
100.0%
1224.70

Step III
7.3
105.5%
1268.60

Step IV
7.4
110.2%
1303.40

Step V
7.5
114.9%
1336.10

Step VI
7.6
120.8%
1380.00

Step VII
7.7
127.2%
1428.10

Step VIII
7.8
132.5%
1467.50

Step IX
7.9
137.2%
1502.70

Step X
7.10
143.1%
1546.60

Step XI
7.11
149.0%
1590.50

(EDIT NOTE: The all-purpose allowance in Note 3 of subclause (1)(f) is automatically adjusted following any change in the weekly rate of the Assistant Director, level 5.3.)

(2) Acting Positions

Where an employee is appointed to act as the Director of a Centre or Supervising Officer pursuant to the relevant child care regulations, he/she shall be paid for the whole of that period as Director or Supervising Officer.

(3) Incremental Progression

(a) Progression from one level to the next within a classification is subject to a children’s services employee meeting the following criteria:

· competency at the existing level;

· 12 months experience at that level (or in the case of employees employed for 19 hours or less per week, 24 months’ experience) and in-service training as required;

· demonstrated ability to acquire the skills which are necessary for advancement to the next pay point level.

(b) Where an employee is deemed not to have met the requisite competency at their existing level at the time of appraisal, his/her incremental progression may be deferred for periods of three months at a time provided that:

· the employee is notified in writing as to the reasons for the deferral;

· the employee has, in the twelve months leading to the appraisal, been provided with in-service training required to attain a higher pay point;

· following any deferral, the employee is provided with the necessary training in order to advance to the next level.

(c) Where an appraisal has been deferred for operational reasons beyond the control of either party, and the appraisal subsequently deems the employee to have met the requirements under this clause, any increase in wage rates will be back paid to the 12 month (or 24 month) anniversary date of the previous incremental progression.

(d) An employee whose incremental advancement has been refused or deferred may seek to have the decision reviewed by lodging a written request through the dispute resolution procedure in Appendix – Resolution of Disputes Requirement of this award. If the review is successful, then the incremental advancement will be backdated to the original due date. The review process must be completed within two months of the request for the review being made.

(e) An employee employed as a CSE Level 2 on completion of an accredited introductory child care course shall immediately progress by one additional level beyond that previously determined in accordance with subclause (3)(a) of this clause. Additional steps shall be determined in accordance with subclause (3)(a) of this clause.

(f) On ceasing employment, the employee shall be given a written statement of the current level and step and the date of commencement at that level and step.

(4) Junior Rates

An employee under the age of 21 years who is employed as a Children Services Employee Level 2 shall be paid a percentage of the rate applicable to an adult employee, taking into account the provisions for progression specified in subclauses (3)(a) and (3)(b) of this clause. The percentages of the adult rate shall be:

Percentage of adult rate
%
At or under 16 years of age
50
At 17 years of age
60
At 18 years of age
75
At 19 years of age
85
At 20 years of age
95
Thereafter the adult rate


(5) Arbitrated Safety Net Adjustments

The rates of pay in this award include arbitrated safety net adjustments available since December 1993, under the Arbitrated Safety Net Adjustment Principle.

These arbitrated safety net adjustments may be offset against any equivalent amount in the rate of pay received by employees since 1 November 1991 above the rate prescribed in the Award, except where such absorption is contrary to the terms of an industrial agreement.

Increases in rates of pay otherwise made under the State Wage Case Principles, excepting those resulting from enterprise agreements, are not to be used to offset arbitrated safety net adjustments.

(6) Translation arrangements and Savings provision

(a) Savings

No employee shall suffer a reduction in wages and/or allowances as a result of the insertion of the new classification structure into this award on 23 March 2006.

(b) Commencement

Subject to Principle 12 of the Commission’s Statement of Principles, the provisions of this clause and the provisions of Schedule C, the rates of pay set out in this award will apply from the first full pay period to commence on or after 23 March 2006.

(c) Translation

(i) An employee whose duties fall within the classification structure set out in this award should confer with his or her employer and seek to reach agreement on the translation of the employee to the terms of this award.

(ii) Employees will translate to the new classification structure on the basis of the following principles:

· Except where otherwise provided in this clause, where an existing employee is appointed to a higher classification than they currently enjoy, they will translate to the “on commencement” rate for that classification;

· Where an existing employee retains their existing classification, they will retain their current incremental position in that classification based on their years of experience in the industry;

· New employees, or current employees who are subsequently reclassified to a higher grade, will be paid at the “on commencement” rate for the classification to which they are appointed and will progress through the scale according to the factors listed in subclause (3) of this clause.

(iii) Despite subclause (6)(c)(ii) of this clause:

· Existing Child Care Giver employees will be classified according to their duties and their years of experience in the industry. Thus an existing Child Care Giver employee with more than two years experience will be classified at the new CSE Level 2.3. A Child Care Giver employee with more than one year but less than two years experience will be classified at the new CSE Level 2.2.

· Existing Child Care Giver employees will be classified as either CSE Level 2 or CSE Level 3 employees depending on their qualifications and/or duties and their experience in the industry. A Child Care Giver Employee without Certificate III will normally be classified at CSE Level 2, unless they have been previously recognised by the employer as having the knowledge or experience to perform CSE Level 3 duties, in which case they will be classified as CSE Level 3. Both will be entitled to immediate recognition of their years of experience in the industry (ie. a Certificate III employee with more than two years of experience will be classified at the new CSE Level 3.3).

· Existing E Worker employees will be classified at the new CSE Level 3.5.

· Existing Qualified Child Care Giver employees will, depending on their qualifications and/or duties and their experience in the industry, be classified as either CSE Level 4.1, 4.2 or 4.3. Each will be entitled to immediate recognition of their years of experience in the industry at this level.

· Existing Assistant Director employees will, depending on their qualifications and/or experience in the industry, be classified as either Assistant Director pay level 5.1, 5.2, 5.3 or 5.4. Each will be entitled to immediate recognition of their years of experience in the industry

· Existing Director employees will, depending on the number of children the service is licensed for be classified as either Director Grade 1, Director Grade 2 or Director Grade 3. Each will be entitled to immediate recognition of their years of experience in the industry. No director shall suffer a loss of pay as a result of the transition to the new classification structure. Any employee who would suffer a loss of pay as a result of the transition to the new classification structure shall maintain their rate of pay as immediately prior to 23 March 2006.

(d) Where the employee’s current rate of pay is below the rate of pay specified in this Award for the classification appropriate to the employee, the following provisions will apply:

(i) From the first full pay period to commence on or after 23 March 2006, the employee must be paid (in addition to the employee’s current rate of pay) $20 per week extra or the appropriate classification rate for the employee (“the first instalment”, which incorporates the State Wage Case – 4 July 2005 decision adjustment).

(ii) From the first full pay period to commence on or after 23 September 2006, the employee must be paid (in addition to the employee’s current rate of pay), a further $20 a week extra or the appropriate classification rate for the employee (“the second instalment).

(iii) From the first full pay period to commence on or after 23 March 2007, the employee must be paid a further $20 a week extra or the appropriate classification rate for the employee (“the third instalment”).

(iv) From the first full pay period to commence on or after 23 September 2007, the employee must be paid the balance of any increase required to achieve the appropriate classification rate (“the final instalment”).

(e) The employer and employee can agree to earlier implementation dates for wage increases than those set out in subclause (6)(d) of this clause.

(f) In the event that the employer and the employee cannot reach agreement as envisaged by subclause (6)(c) of this clause, or in the event that a dispute arises as to the transitional arrangements referred to in this clause, the procedures specified in Appendix – Resolution of Disputes Requirement, must be followed.

(g) Despite subclause (6)(f) of this clause and Appendix – Resolution of Disputes Requirement of this award:

(i) An award respondent or group of respondents may apply to the Commission pursuant to Principle 12 of the Commission’s Statement of Principles to seek variation to the phase-in period for the new minimum rates of pay provided for in this award;

(ii) A Board of Reference shall be established from time to time for the purpose of resolving any dispute or difficulty or likely dispute or difficulty in the application of subclause (6)(c)(ii) of this clause. The Board shall be constituted by a Chairperson who shall be a member of the Western Australian Industrial Relations Commission and at least two other members, one of whom is nominated by the Liquor, Hospitality and Miscellaneous Union and the other nominated by the employer respondent to the award affected by the dispute or difficulty or likely dispute or difficulty. Before proceedings commence, the Chairperson shall seek undertakings from the parties appearing before the Board that any decision, subject to the terms of the Act, shall be final. Any decisions of a Board of Reference made pursuant to this clause shall be reduced to writing and published by the Chairperson.

(h) A translation table appears as Schedule C to this award.