2014 WAIRC 00662
Child Care Workers (Education Department) Award

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 is $665.90 per week payable on and from the commencement of the first pay period on or after 1 July 2014.

(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 employed as casuals, part-time employees or piece workers or employees who are remunerated wholly on the basis of payment by result 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 to the minimum adult award wage.

(6) The minimum adult award wage shall not apply to apprentices, employees engaged on traineeships or Jobskill placements 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 2014 State Wage order decision. 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, an apprentice, 21 years of age or more, shall not be paid less than $572.20 per week on and from the commencement of the first pay period on or after 1 July 2014.

(b) The rate paid in the paragraph above to an apprentice 21 years of age or more is payable on superannuation and during any period of paid leave prescribed by this award.

(c) 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.

(d) Nothing in this clause shall operate to reduce the rate of pay fixed by the award for an adult apprentice in force immediately prior to 5 June 2003.

14. - SALARIES

(1) (a) The total minimum award wage payable includes the base rate and arbitrated safety net adjustments payable on and from the commencement of the first pay period on or after 1 July 2014.

Base Rate $
Arbitrated Safety Net Adjustments $
Minimum Award Wage $




1st year of employment
19045
17833
36878
2nd year of employment
21002
17900
38902
3rd year of employment
22084
18045
40129
4th year of employment
23163
18082
41245
5th year of employment
24233
18011
42244





(b) Consistent with the requirements of the December 1993 State Wage Decision, the Arbitrated Safety Net Adjustment is absorbable to the extent of any equivalent amount in rates of pay (whether award, or overaward or enterprise agreement) in excess of the relevant minimum rates (classification rate and supplementary payment) established through the Minimum Rates Adjustment process.

(c) “Overaward Payment” is defined as the amount (whether it be termed “over award payment”, “attendance bonus” or any term whatsoever), which an employee would receive in excess of the “Minimum Award Wage”. Provided that such payment shall exclude overtime, shift allowance, penalty rates, disability allowances, fares and travelling time allowances and any other ancillary payments of a like nature prescribed by the award”.

(2) For the purpose of adjustment and payment the weekly salary shall be calculated as 1/52nd and 1/6th of the annual salary, the fortnightly salary as 1/26th and 1/12th of the annual salary and the monthly salary as 1/12th of the annual salary.

(3) An employee left in charge of pupils for a full session or more shall be paid no less than the rate applicable to a Child Care Worker in her 5th year of employment for the whole period she is in charge.

(4) An employee who has had previous experience relevant to employment covered by this award may have that experience taken into account in determining the 'year of employment' at which an employee is appointed and paid.

(5) An employee may be employed as a casual if that employment is for a period of less than four weeks, in which case the employee shall be paid a loading of 27 percent in addition to her base rate in lieu of the provisions of Clauses 7. - Holidays, 8. - Annual Leave Loading, 9. - Sick Leave and 12. - Long Service Leave of this award.

(6) 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.