Children’s Services Award 2010 - A Simple Guide for Your Business
Who is covered?
• Long day care centres
• Preschools and kindergartens (including sessional care)
• Out-of-school hours care (OOSH / OSHC) and vacation care
• Nurseries and childcare centres
• Occasional care and adjunct care
• Early childhood intervention programs
Common Roles and Classification
Correctly classifying staff is vital because pay rates are tied to specific qualification levels and responsibilities. The Award uses two distinct structures:
Support Workers (Non-Educational)
These employees perform essential operational tasks:
• Level 1: Untrained, unqualified staff (e.g., kitchen hands, cleaners, gardeners, or basic admin) working under direct supervision.
• Level 2: Staff with 12 months of experience or a Certificate II who exercise more discretion in their tasks.
• Level 3: Staff holding a Certificate III who perform work at that level.
Children’s Services Employees (Educators & Management)
• Level 1–2 (Entry Level): Staff with no formal qualifications or a Certificate II, assisting with daily routines under supervision.
• Level 3 (Certificate III): Educators with a Certificate III who assist in program preparation and may help direct untrained staff.
• Level 4 (Diploma): Educators with a Diploma or Certificate IV (for OSHC) who are often "in charge" of a specific group and responsible for program planning.
• Level 5 (Management): Assistant Directors or Coordinators who oversee operations, staff training, and licensing compliance.
• Level 6 (Directors): Senior leaders responsible for the overall administration, budget, and professional leadership of the service.
Note on Progression: Employees generally progress to the next pay point within their level after 12 months of service (or 24 months for those working 19 hours or less per week), provided they meet competency requirements.
Employment Types and Minimum Shifts
• Full-time: Working an average of 38 ordinary hours per week.
• Part-time: Working fewer than 38 hours on a reasonably predictable schedule. Crucially, the Award requires you to agree on a regular pattern of work in writing at the start of employment. Any changes to this pattern must also be in writing.
• Casual: Engaged for temporary or relief purposes. Casuals receive a 25% loading instead of paid leave.
The 2-Hour Minimum Rule: To ensure fair engagement, both part-time and casual staff must be paid for at least 2 consecutive hours per shift, even if the work or meeting finishes earlier.
Hours of Work and Rostering
The standard working week is an average of 38 hours. Ordinary hours are typically worked Monday to Friday between 6:00 am and 6:30 pm.
Roster Rules
• Visibility: You must post a legible roster in a readily accessible place for all staff.
• Notice of Change: You must generally provide 7 days’ notice to change a roster. However, you and the employee can mutually agree to waive or shorten this notice period.
• Emergency Exception: The 7-day notice is not required in a genuine emergency beyond your control, such as a fire at the premises or an emergency government lockdown direction. Note: A parent arriving late to collect a child is not considered an emergency.
Rest Breaks and Meal Times
Paid Rest Breaks:
◦ One 10-minute break for shifts of 4 hours or more.
◦ Two 10-minute breaks for shifts of 7 hours or more.
Unpaid Meal Breaks: A 30–60 minute break must be taken after 5 hours of work.
◦ The Interruption Penalty: If you interrupt an employee's unpaid meal break for work reasons, you must pay them overtime rates from the moment of interruption until they are allowed to finish their uninterrupted break.
The 10-Hour Gap: Employees are entitled to a 10-hour break between the end of one shift and the start of the next. However, by mutual agreement, this gap can be reduced to a minimum of 8 hours.
Shiftwork and Penalty Rates
When employees work less sociable hours, they are entitled to extra pay, calculated as a percentage of their base rate.
Shiftwork Percentages:
◦ Early Morning (starts 5am–6am): +10%
◦ Afternoon (finishes after 6:30pm–midnight): +15%
◦ Night Shift (rotating): +17.5%
◦ Night Shift (non-rotating): +30%
Weekends and Public Holidays: Saturday work typically starts at 150%, Sunday at 200%, and Public Holidays at 250%. Staff working these days must receive a minimum payment of 4 hours.
Common Allowances
(Note: Rates are subject to annual change).
• First Aid Allowance: Paid to staff (below Level 3) required to give first aid. This is a daily allowance for most services, but an hourly rate for OOSH/OSHC.
• Educational Leader Allowance: A specific annual allowance paid (on a pro-rata basis if applicable) to the employee appointed to this regulatory role.
• Broken Shift Allowance: Paid when an employee works two separate shifts in one day. The total spread of hours for a broken shift cannot exceed 12 hours in a day.
• Laundry/Clothing Allowance: Paid if you require a uniform but do not provide or launder it.
• Vehicle Allowance: Paid per kilometer if an employee is requested to use their own car for work.
Why Correct Classification Matters
Classification is the most common area for compliance errors. Because pay is strictly linked to qualifications and roles, misclassifying a Diploma-qualified educator at a Certificate III rate is a significant risk. This often leads to "underpayment" claims and the requirement for substantial back-pay.
Key Things Employers Often Get Wrong
Watch out for these common "red flags":
Missing PT Agreements: Not having the required written agreement for a part-time employee's regular hours and days.
Short Meetings: Failing to pay the 2-hour minimum for staff meetings or short training sessions.
Roster Changes: Changing a start time without 7 days' notice or a signed agreement to waive that notice.
Meal Break Traps: Failing to pay overtime when an educator is "called back" to a room during their unpaid lunch break.
Practical Tips for Compliance
Display the Award: You are legally required to make a copy of the Award and the National Employment Standards (NES) available to staff (either on a noticeboard or an electronic portal).
Document Everything: Ensure all part-time patterns of work and any agreements to waive roster notice or reduce rest gaps are recorded in writing.
Annual Qualification Audit: Review staff qualifications and service history every 12 months. If an employee completes a Diploma or hits a service anniversary, update their classification and pay immediately.
Modern Awards are detailed and complex. The information above forms part of our Understanding Your Award series and provides a high-level overview only. Further obligations may apply depending on your business and workforce. This Information is current at the time of publication. Workplace laws and awards may change.
If this raised questions for your business, FiveSeven can help review your approach and identify any gaps before they become issues.
The information above forms part of our Understanding Your Award series and provides a high-level overview only. Further obligations may apply depending on your business and workforce. This Information is current at the time of publication Jan 2026. Workplace laws and awards may change.
