2006 WAIRC 04049
CHILDREN'S SERVICES (PRIVATE) AWARD (NO A10 OF 1990)
WESTERN AUSTRALIAN INDUSTRIAL RELATIONS COMMISSION

PARTIES LIQUOR, HOSPITALITY AND MISCELLANEOUS UNION, WESTERN AUSTRALIAN BRANCH

APPLICANT
-V-
JAY BEE DAY CARE CENTRE AND OTHERS
RESPONDENT
CORAM COMMISSIONER J L HARRISON
DATE FRIDAY, 24 MARCH 2006
FILE NO/S APPL 944 OF 2005
CITATION NO. 2006 WAIRC 04049

Result Varied


Order
WHEREAS on 23 March 2006 the Commission issued a Minute of Proposed Order in this matter; and

WHEREAS on 24 March 2006 the Commission conducted a Speaking to the Minutes of Proposed Order; and

WHEREAS the parties agreed that some minor typographical errors contained in the minute of proposed order be rectified; and

WHEREAS on behalf of a number of respondents Ms S Laferla argued that the words “or all employers” should be added to the end of the proposed order 2 to be consistent with an interim order issued by Commissioner Smith of the federal commission (PR969192) relating to wages and conditions of the Child Care (Long Day Care) WA Award 2003 (“the federal award”) to ensure that all employers and employees in the child care industry in Western Australia have the same rates of pay and conditions of employment; and

WHEREAS Ms K Reid argued that “all employers or at all” should be added at the end of the proposed order 2 to be consistent with Smith, C’s interim order; and

WHEREAS the applicant argued that the order should issue in the form of the minute of proposed order and that any issues as to its later application should be dealt with at the time of hearing; and

WHEREAS having considered the submissions of both parties the Commission is of the view that the typographical errors as identified should be rectified and that no change should be made to the orders as proposed on the basis that any future issue of inconsistency with the terms and conditions contained in the federal award as a result of this variation being incorporated into the Children’s Services (Private) Award (No A10 of 1990) (“the Award”), which applies to all employees and employers bound by the Award except those employers represented by Ms Reid, can be dealt with at a subsequent hearing;

NOW THEREFORE having heard Mr J Nicholas on behalf of the applicant, Ms S Laferla as agent on behalf of respondents on whose behalf warrants have been filed and Ms K Reid of counsel intervening by warrant on behalf of a number of employers bound by the award, the Commission, pursuant to the powers conferred under the Industrial Relations Act, 1979, hereby orders:

1. THAT the Children’s Services (Private) Award (No A10 of 1990) be varied in accordance with the following Schedule and that such variation shall have effect from the beginning of the first pay period commencing on or after 23 March 2006.

2. THAT this variation shall not apply to those employers bound by the Award which were represented by Ms Reid by warrant at the hearing held on 23 March 2006 and that further proceedings shall take place to determine whether or not the variation to the Award contained in order 1 above shall apply to these employers.





COMMISSIONER J L HARRISON




SCHEDULE


1. Clause 1. – Title. Delete this clause and insert the following in lieu thereof:

This award shall be known as the Children’s Services (Private) Award 2006 and shall replace the Children’s Services (Private) Award No. A10 of 1990.


2. Clause 2. – Arrangement. Delete this clause and insert the following in lieu thereof:

1. Title
1B. Minimum Adult Award Wage
2. Arrangement
2A. State Wage Principles - June 1991
3. Area
4. Scope
5. Term
6. Definitions
7. Contract of Service
8. Hours of Work
9. Overtime
10. Meal Breaks and Allowances
11. Absence Through Sickness
12. Location Allowances
13. Annual Leave
14. Public Holidays
15. Long Service Leave
16. Payment of Wages
17. Time and Wages Record and Right of Entry
18. Casual and Part Time Employees
19. Maternity Leave
20. Bereavement Leave
21. Superannuation
22. Wages
23. Award Modernisation and Enterprise Consultation
24. Classification Definitions and Skill Descriptors
25. Liberty to Apply
26. No Reduction
27. Redundancy
28. Relationship to the National Training Wage Award 199429
29. Reimbursement of Certain Expenses

Appendix - Resolution of Disputes Requirement
Schedule A - Parties to the Award
Schedule B – Respondents
Schedule C – Translation to New Wages & Classification Structure
Appendix - S.49B - Inspection of Records Requirements


3. Clause 6 – Definitions. Delete this clause and insert the following in lieu thereof:

"Casual employee" shall mean an employee who is regularly employed for less than four weeks.

"Part time employee" shall mean an employee who is regularly employed for less than that prescribed in Clause 8. - Hours of Work of this award, for a full week's work.

"Union" shall mean shall mean the Liquor, Hospitality and Miscellaneous Union, Western Australian Branch.

"Year of experience" shall mean experience in the appropriate classification. Where there is a dispute as to whether the employee's previous experience shall count for determining the "year of experience" it may be determined by the Western Australian Industrial Relations Commission.


4. Clause 22 – Wages. Delete this clause and insert the following in lieu thereof:

(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%
523.60

Kitchen Hand
1.2
91.7%
530.30






Grade Two (Cook/Gardener)









On commencement
1.3
92.5%
534.50

after 1 year in the industry
1.4
93.9%
542.80





(b)
Children Services Employee Level 2









on commencement
2.1
90.6%
523.60

after 1 year in the industry
2.2
92.2%
533.00

after 2 years in the industry
2.3
93.9%
542.50

after 3 years in the industry
2.4
95.5%
552.00






E worker




on commencement
2.5
98.3%
568.20

after 1 year in the industry
2.6
99.6%
576.20





(c)
Children Services Employee Level 3









on commencement
3.1
100.0%
578.20

after 1 year in the industry
3.2
105.0%
601.20

after 2 years in the industry
3.3
110.0%
622.70

CSE Level 3 holding AQF Certificate IV
3.4
115.0%
640.80

CSE Level 3 holding AQF Diploma in Children’s Services or CSE Level 3 who is an E Worker
3.5
Note 1
662.05
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%
701.40

after 1 year in the industry
4.2
102%
713.20

after 2 years in the industry
4.3
104%
724.90










(e)
Children Services Employee Level 5









on commencement
5.1
106.1%
737.30

after 1 year in the industry
5.2
108.1%
749.10

after 2 years in the industry
5.3
110.1%
760.80

Note: An Assistant Director who holds an Advanced Diploma (AQF 6) must be paid no less than
5.4
Note 2
763.90





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%
867.70

after 1 year in the industry
6.2
130.6%
879.45

after 2 years in the industry
6.3
132.6%
891.20






Grade 2




on commencement
6.4
138.7%
927.10

after 1 year in the industry
6.5
140.3%
936.50

after 2 years in the industry
6.6
142.3%
948.30






Grade 3




on commencement
6.7
144.4%
960.60

after 1 year in the industry
6.8
146.4%
972.40

after 2 years in the industry
6.9
148.4%
984.20





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
38.00





(g)
Pre-School Teachers









Step I
7.1
94.1%
669.50

Step II
7.2
100.0%
701.40

Step III
7.3
105.5%
733.20

Step IV
7.4
110.2%
758.60

Step V
7.5
114.9%
782.20

Step VI
7.6
120.8%
814.10

Step VII
7.7
127.2%
849.20

Step VIII
7.8
132.5%
877.80

Step IX
7.9
137.2%
903.40

Step X
7.10
143.1%
935.30

Step XI
7.11
149.0%
967.10

(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.


5. Clause 24 – Classifications Definitions and Skill Descriptors. Delete this clause and insert the following in lieu thereof:

All employees shall be classified by the employer into one of the levels contained in this clause in accordance with the employee’s skills, responsibilities, qualifications and duties. Where an employee believes they have been wrongly classified the matter shall be dealt with in accordance with the dispute settling procedure set out in Appendix – Resolution of Disputes Requirement of this award (or subclause (6)(g) of Clause 22. – Wages of this award as appropriate).

(1) Children’s Services Employee Level 1

(a) Grade one

(i) Definition

An untrained ancillary employee employed to clean or work as a kitchen hand.

(ii) Skill descriptors

· Such an employee:

· Is responsible for the quality of the employee's own work subject to direct supervision;

· Works under direct supervision either individually or in a team environment; and

· Exercises discretion within the level of the employee's skills in the performance of tasks.

(b) Grade two

(i) Definition

An untrained ancillary employee who is employed to undertake cooking or gardening duties.

(ii) Skill descriptors

· Such an employee:

· Works under routine supervision either individually or in a team environment;

· Is responsible for assuring the quality of the employee's own work subject to routine supervision;

· Is required to exercise discretion during the course of his/her own work.

(2) Children’s Services Employee Level 2

(a) This is an employee working under routine supervision, engaged to assist in the supervision and care of children and generally to assist in the functioning of the centre.

(b) This is also an employee who is appointed as an E Worker that does not meet the requirements of subclause (3)(a)(i) and subclause (3)(a)(ii) of this clause.

(c) Responsibilities of an employee at this level may include the following:

· Maintain a clean, hygienic environment;

· Maintain and attend to personal hygiene of children;

· Maintain and attend to own personal hygiene;

· Attend to nutritional needs of children;

· Respond to child's apparent ill-health;

· Respond to accident, emergency or threat;

· Implement routines which enhance well being;

· Interact positively and appropriately with children;

· Participate in the planning and preparation of programmes;

· Assist to prepare an environment based on programme requirements;

· Assist in the implementation of programmes;

· Contribute to team approach;

· Seek to further professional development;

· Liaise effectively with parents;

· Uphold the Centre's philosophy;

· Participate in appropriate administrative processes;

· Contribute to maintenance and care of buildings and equipment; and

· Implement Centre policies and procedures.

(d) Additional duties of an employee at this level with more than 2 years experience in the industry may include the following:

· Assist in the facilitation of programmes suited to the needs of individual children and groups;

· Provide input to trained staff by observations of individual children and groups;

· Work under direction with individual children with special needs.

(e) An E Worker at this level will take on the same duties and perform the same tasks as a CSE Level 2 and:

· Is able to display various methods and techniques of child management;

· Is able to direct other staff members when exercising responsibility in their allocated area;

· Possesses observational skills in excess of CSE;

· Participates in a team approach to the delivery of care.

(f) Subject to this Award, an employee at this Level is entitled to incremental progression to pay level 2.3. However, an employee at this level who is an E Worker must be paid no less than the rate prescribed for pay Level 2.5, and may progress to level 2.6.

(3) Children’s Services Employee Level 3

(a) This is an employee who:

(i) has completed AQF Certificate III in Children’s Services or an equivalent qualification; or
(ii) possesses, in the opinion of the employer, sufficient knowledge or experience to perform the duties at this level.

(b) This is also an employee who is appointed as an E Worker that meets the requirements of subclause (3)(a)(i) or subclause (3)(a)(ii) of this clause.

(c) An employee appointed at this level will undertake the same duties and perform the same tasks as a CSE Level 2 employee, and will undertake the following additional indicative duties:

· Assist in the preparation, implementation and evaluation of developmentally appropriate programs for individual children or groups;

· Responsible for recording observations of individual children or groups for program planning purposes for qualified staff

· Under direction, work with individual children with particular needs.
· Assist in the direction of untrained staff

· Undertake and implement the requirements of quality assurance.

· Work in accordance with food safety regulations

(d) An E Worker will take on the same duties and perform the same tasks as a CSE Level 3 and:

· Is able to display various methods and techniques of child management;

· Is able to direct other staff members when exercising responsibility in their allocated area;

· Possesses observational skills in excess of CSE;

· Participates in a team approach to the delivery of care.

(e) Subject to this Award, an employee at this Level is entitled to incremental progression to pay level 3.3. However:

· An employee at this level who holds a relevant AQF Certificate IV or equivalent and who exercises skills and competencies beyond those required for AQF Certificate III in the ongoing performance of their work must be paid no less than the rate prescribed for pay Level 3.4.

· An employee at this level who has completed an AQF Diploma in Children’s Services or equivalent, and who applies skills and knowledge acquired beyond the competencies required for AQF Certificate III in the on-going performance of their work, must be paid no less than the rate prescribed for pay Level 3.5.

· An employee at this level who is an E Worker must be paid no less than the rate prescribed for pay Level 3.5.

· Any dispute concerning an employee’s entitlement to be paid at pay Level 3.5 may be referred to a Board of Reference appointed under Clause 22. – Wages subclause (6)(g)(ii) of this award. A Board of Reference may require an employee to demonstrate to its satisfaction that the employee utilises skills and knowledge above those prescribed for Level 3 but below those prescribed for Level 4.

(4) Children’s Services Employee Level 4

(a) This is an employee who has completed a Diploma in Children’s Services or equivalent as recognised by licensing authorities and is appointed as the person in charge of a group of children in the age range from birth to 6 years. It shall also include persons employed as supplementary service grants (SUPS) employees and persons who do not hold approved qualifications but who have obtained an exemption from the Child Care Licensing Unit to work at this level and who are so appointed.

(b) An employee appointed at this level will take on the same duties and perform the same tasks as a CSE Level 3 and undertake the following additional indicative duties:

· Responsible, in consultation with the Assistant Director/Director for the preparation, implementation and evaluation of a developmentally appropriate program for individual children or groups of children in care.

· Responsible for the direction and general supervision of other employees up to CSE Level 3.

· Responsible to the Assistant Director/Director for the supervision of students on placement.

· Ensure a safe environment is maintained for both staff and children.

· Ensure that records are maintained accurately for each child in their care.

· Develop, implement and evaluate daily care routines.

· Ensure the centre or service’s policies and procedures are adhered to.

· Liaise with families.

(5) Children’s Services Employee Level 5

(a) This is an employee who has completed a [AQF 5] Diploma in Children’s Services or equivalent, and/or is appointed as either an Assistant Director of a service, or a Children’s Services Coordinator:

(b) An Assistant Director appointed at this level will take on the same duties and perform the same tasks as a CSE Level 4 and be responsible for the following additional indicative duties:

· Coordinate and direct the activities of employees engaged in the implementation and evaluation of developmentally appropriate programs;

· Contribute, through the Director, to the development of the centre or service’s policies;

· Coordinate centre operations including Occupational Health and Safety, program planning, staff training;

· Take responsibility for the day-to-day management of the centre or service in the temporary absence of the Director and for management and compliance with licensing and all statutory and quality assurance issues; and

· Generally supervise all employees within the service.

(c) A Children’s Services Coordinator undertakes additional responsibilities including coordinating the activities of more than one group, supervising staff, trainees and students on placement, and assisting in administrative functions.

(d) An Assistant Director who holds an Advanced Diploma (AQF 6) must be paid no less than CSE Level 5.4. Pay Level 5.4 has a 145% relativity to the Pay level 3.1 [C10] rate.

(e) Qualification Allowance: An Assistant Director who holds a graduate qualification in child care management or other relevant qualification is entitled to an all purpose allowance equivalent to 5 per cent of the rate of pay for specified for Level 5.3 (see Note 3 after subclause (1)(f) of Clause 22. - Wages of this award).

(6) Children’s Services Employee Level 6 - Director

(a) A Director is an employee:

(i) who holds:

· a relevant Degree, or

· an AQF Advanced Diploma, or

· a Diploma in Children’s Services, or

· a Diploma in Out of Hours Care, or

· is a person possessing such experience, or holding such qualifications deemed by the employer to be appropriate to the position, and

(ii) is appointed as the Director of a Service and is responsible for the overall management and administration of the service with the following additional indicative duties:

· supervise the implementation of developmentally appropriate programs for children;

· recruit staff in accordance with relevant regulations;

· maintain day-to-day accounts and handle all administrative matters;

· ensure that the centre or service adheres to all relevant regulations and statutory requirements;

· ensure that the centre or service meets or exceeds quality assurance requirements;

· liaise with families and outside agencies;

· formulate and evaluate annual budgets;

· liaise with management committees or proprietors as appropriate;

· provide professional leadership and development to staff;

· develop and maintain policies and practices for the centre or service, or

(iii) is appointed to act as the Supervising Officer pursuant to the Community Services (Child Care) Regulations 1988 as amended.

(b) Director Level 1

A Director Level 1 is an employee appointed as the Director of a service licensed for up to 39 children and paid at the Level 6.1 to 6.3 salary range.

(c) Director Level 2

A Director Level 2 is an employee appointed as the Director of a service licensed for between 40 and 59 children and is paid at the Level 6.4 to 6.6 salary range.

(d) Director Level 3

A Director Level 3 is an employee appointed as the Director of a service licensed for 60 or more children and paid at the Level 6.7 to 6.9 salary range

(e) Qualification Allowance: A Director who holds a graduate qualification in child care management or other relevant qualification is entitled to an all-purpose allowance equivalent to 5 per cent of the rate of pay for specified for Level 5.3 (see Note 3 after subclause (1)(f) of Clause 22. - Wages of this award).

(7) Pre-School Teachers

(a) Definition

(i) Three year trained teacher holding a Diploma of Teaching, or equivalent, or a teacher holding a University degree (other than a Bachelor of Education) and paid at the Pre-School Teacher Level 7.1 to 7.7 range.

(ii) Teacher holding: University degree and Diploma of Education, or University degree and Teacher's certificate, or a Bachelor of Education Degree and paid at the Pre-School Teacher Level 7.3 to 7.11 range.

(iii) Teacher holding the qualifications outlined in 7.1.2 plus a second degree or higher degree such as a graduate diploma or a degree at honours level and paid at the Pre-School Teacher Level 7.4 to 7.11 range.

(8) Preparation Time

A qualified full-time employee at Level 4 or above who is appointed by the employer to be responsible for the planning and implementation of the planned programme for the children in the Centre shall be entitled to two hours per week preparation time. Such time shall be taken at a time agreed by the employer and shall be free from other duties.

(9) Examination Leave

Employees shall be granted leave with full pay in order to travel to and attend childcare examinations relevant to this Schedule and approved by the education institution. Provided that when an afternoon examination is scheduled an employee shall be allowed the morning for study if so required by the employee.


6. Schedule A – Parties to the Award. Delete this schedule and insert the following in lieu thereof.

The following organisation is a party to this award:

The Liquor, Hospitality and Miscellaneous Union, Western Australian Branch.


7. Schedule B – Respondents: Immediately following this schedule insert a new title and schedule as per the following:


SCHEDULE C. - TRANSLATION TO NEW WAGES AND CLASSIFICATION STRUCTURE

Current Award Level
Current rate
New level
Total New end rate
Total Increase
Rate at 23/03/06
Rate at 23/09/06
Rate at 23/03/07
Rate at 23/09/07
Child Care Support Employee – Grade One







Cleaner
523.60
1.1
523.60
0.00
523.60



Kitchen Hand
530.30
1.2
530.30
0.00
530.30



Child Care Support Employee – Grade Two







Step I
534.50
1.3
534.50
0.00
534.50



Step II
542.80
1.4
542.80
0.00
542.80



Child Care Giver








Step I
523.60
2.1
523.60
0.00
523.60



Step II
533.00
2.2
533.00
0.00
533.00



Step III
542.50
2.3
542.50
0.00
542.50



Step IV
552.00
2.4
552.00
0.00
552.00



E Worker (Not Cert III)







Step I
568.20
2.5
568.20
0.00
568.20



Step II
576.20
2.6
576.20
0.00
576.20



E Worker (Cert III)








Step I
568.20
3.5
662.05
93.85
588.20
608.20
628.20
662.05
Step II
576.20
3.5
662.05
85.85
596.20
616.20
636.20
662.05
Child Care Giver (Cert III)







Step I
523.60
3.1
578.20
54.60
543.60
563.60
578.20

Step II
533.00
3.2
601.20
68.20
553.00
573.00
593.00
601.20
Step III
542.50
3.3
622.70
80.20
562.50
582.50
602.50
622.70
Step IV
552.00
3.3
622.70
70.70
572.00
592.00
612.00
622.70
Child Care Giver (Cert IV)







Step I
523.60
3.4
640.80
117.20
543.60
563.60
583.60
640.80
Step II
533.00
3.4
640.80
107.80
553.00
573.00
593.00
640.80
Step III
542.50
3.4
640.80
98.30
562.50
582.50
602.50
640.80
Step IV
552.00
3.4
640.80
88.80
572.00
592.00
612.00
640.80
Child Care Giver (Diploma)







Step I
523.60
3.5
662.05
138.05
543.60
563.60
583.60
662.05
Step II
533.00
3.5
662.05
129.05
553.00
573.00
593.00
662.05
Step III
542.50
3.5
662.05
119.55
562.50
582.50
602.50
662.05
Step IV
552.00
3.5
662.05
110.05
572.00
592.00
612.00
662.05
Qualified Child Care Giver







Step IA
601.00
4.1
701.40
100.40
621.00
641.00
661.00
701.40
Step IB
619.00
4.2
713.20
94.20
639.00
659.00
679.00
713.20
Step II
631.40
4.3
724.90
93.50
651.40
671.40
691.40
724.90
Step III
645.60
4.3
724.90
79.30
665.60
685.60
705.60
724.90
Step IV
660.10
4.3
724.90
64.80
680.10
700.10
720.10
724.90
Assistant Director – Grade One







Step I
667.90
5.1
737.30
69.40
687.90
707.90
727.90
737.30
Step II
673.40
5.2
749.10
75.70
693.40
713.40
733.40
749.10
Step III
683.00
5.3
760.80
77.80
703.00
723.00
743.00
760.80
Assistant Director – Grade Two







Step I
673.40
5.1
737.30
63.90
693.40
713.40
733.40
737.30
Step II
683.00
5.2
749.10
66.10
703.00
723.00
743.00
749.10
Step III
690.50
5.3
760.80
70.30
710.50
730.50
750.50
760.80
Assistant Director – Grade Three







Step I
683.00
5.1
737.30
54.30
703.00
723.00
737.30

Step II
690.50
5.2
749.10
58.60
710.50
730.50
749.10

Step III
704.50
5.3
760.80
56.30
724.50
744.50
760.80

Director








Step I
704.50
6.1
867.70
163.20
724.50
744.50
764.50
867.70
Step II
732.50
6.2
879.45
146.95
752.50
772.50
792.50
879.45
Step III
755.10
6.3
891.20
136.10
775.10
795.10
815.10
891.20
Step IV
783.60
6.4
927.10
143.50
803.60
823.60
843.60
927.10
Step V
815.00
6.5
936.50
121.50
835.00
855.00
875.00
936.50
Step VI
840.50
6.6
948.30
107.80
860.50
880.50
900.50
948.30
Step VII
855.30
6.7
960.60
105.30
875.30
895.30
915.30
960.60
Step VIII
893.60
6.8
972.40
78.80
913.60
933.60
953.60
972.40
Step IX
922.00
6.9
984.20
62.20
942.00
962.00
982.00
984.20
Pre-School Teachers







Step I
630.60
7.1
669.50
38.90
650.60
669.50


Step II
660.10
7.2
701.40
41.30
680.10
700.10
701.40

Step III
687.60
7.3
733.20
45.60
707.60
727.60
733.20

Step IV
711.10
7.4
758.60
47.50
731.10
751.10
758.60

Step V
734.70
7.5
782.20
47.50
754.70
774.70
782.20

Step VI
764.20
7.6
814.10
49.90
784.20
804.20
814.10

Step VII
794.60
7.7
849.20
54.60
814.60
834.60
849.20

Step VIII
821.10
7.8
877.80
56.70
841.10
861.10
877.80

Step IX
842.70
7.9
903.40
60.70
862.70
882.70
902.70
903.40
Step X
872.20
7.10
935.30
63.10
892.20
912.20
932.20
935.30
Step XI
901.60
7.11
967.10
65.50
921.60
941.60
961.60
967.10

NOTE: New Rates to be phased-in commencing 23 March 2006:

23 March 2006
– up to $20.00 per week
23 September 2006
– up to a further $20.00 per week
23 March 2007
– up to a further $20.00 per week
23 September 2007
– the full balance of any increase to achieve the total rate