Educational Services (Teachers) Award 2020 - A Simple Guide for Your Business

Who Does This Award Cover?

This Award applies to employers and teachers across two primary industries:

• The School Education Industry: All registered or accredited schools, including early childhood services operated directly by a school.

• The Children’s Services and Early Childhood Education Industry: A broad range of settings including:

  • Long day care centers and nurseries.

  • Preschools and kindergartens.

  • Occasional care and vacation care.

  • Outside-of-school-hours care (OSHC).

Who is not covered? To avoid a compliance red flag, ensure you do not apply this Award to:

• Principals and deputy principals.

• Private tutors or small-group instructors (e.g., music or dance teachers) not teaching the core school curriculum.

• Sports coaches who are not part of the regular teaching staff.

• Teachers' aides or childcare assistants (unless they hold a university qualification in early childhood teaching).

Common Roles and Classifications

Classifying your employees correctly is one of your most important HR duties. The Award uses a five level structure based on a teacher’s professional journey. It is important to understand that progression through these levels is sequential - it is not a flat timeline from the start of a career, but rather a step-by-step advancement.

• Level 1: The entry point for graduates, provisionally registered teachers, or those with conditional accreditation. Level 1 is considered the "Standard Rate" used as the base for calculating various allowances.

• Level 2: For teachers who have achieved "proficient" accreditation or full registration.

• Level 3: Attained after completing 3 years of satisfactory teaching service specifically at Level 2 while maintaining proficient accreditation.

• Level 4: Attained after completing 3 years of satisfactory teaching service specifically at Level 3 while maintaining proficient accreditation.

• Level 5: Reserved for those with "Highly Accomplished" or "Lead Teacher" status.

Hours of Work: Schools vs. Long Day Care

The management of working hours differs significantly depending on the type of service you provide.

For Schools and Preschools:

Work is structured around the school year:

• Attendance Limit: Teachers can only be required to attend for a maximum of 205 days per year.

• Term vs. Non-Term: While hours vary during term weeks, teachers are generally not required to work during non-term weeks (holidays) unless needed for specific professional development or student free days.

For Long Day Care (Services operating 48+ weeks a year):

These services follow a standard 38 hour work week, which can be averaged over four weeks. Ordinary hours typically fall between 6:00 am and 6:30 pm, Monday to Friday.

Crucial Limits for Casual Teachers

A major "gotcha" for employers is the duration of casual work. A casual teacher can only be engaged for a maximum of 4 consecutive weeks (or 4 term weeks in schools). By mutual agreement, this can be extended to one full school term for schools, or a total of 10 weeks for other services.

Casual Payment Blocks (Early Childhood)

If you hire a casual teacher in a children’s service, their payment must follow these specific "If/Then" rules:

• If they work up to 2 hours, then they must be paid for 2 hours.

• If they work more than 2 hours but less than 4, then they must be paid for 4 hours.

• If they work more than 4 hours, then they must be paid for the full day.

• Note: Casuals in schools have a simple half-day minimum payment rule.

Breaks and the Right to Disconnect

Maintaining a positive culture requires respecting your employee’s rest and personal time.

• Meal Breaks: Anyone working more than 5 hours must receive a 30-minute unpaid break.

• Paid Breaks: If an early childhood teacher is required to stay on-site during their break, that 20–30 minute break must be paid.

• Right to Disconnect: This new right allows employees to refuse to monitor or respond to work contact outside of hours unless that refusal is unreasonable.

  • Large and mid-sized businesses: Effective since August 2024.

  • Small business employers (fewer than 15 employees): Effective from August 2025.

Pay, Penalties, and Allowances

A teacher’s pay is determined by their classification level and workplace type.

The 4% Loading Explained 

Teachers in services operating 48 weeks a year (like long day care) receive a 4% higher pay rate than those in schools. This is a direct trade off: these educators do not benefit from the 205-day attendance limit or the "stand-down" periods during school holidays.

Common Allowances

• Director’s Allowance: For teachers managing a service. Crucially, this scales based on the size of your center. An owner of a 60-place center will pay a significantly higher allowance than the owner of a 39-place center.

• Educational Leader Allowance: For the designated lead in a children's service. This allowance is pro-rated if the teacher only performs the role for part of the week. A vital cost-saving detail for smaller services.

• Leadership Allowance: For school teachers with additional administrative or pastoral duties.

• Vehicle Allowance: For using a private car for work.

Shiftwork penalties (for early mornings, late evenings, or Saturdays) apply specifically to the early childhood sector.

Why Getting Classification Right Matters

Misclassification is a significant financial risk and a major compliance red flag. It is not just about time served; it is linked to formal accreditation.

If a teacher moves from "provisional" to "proficient" registration and you fail to update their pay level, you are liable for underpayment claims. Progression to Levels 3 and 4 is not automatic; it requires the teacher to maintain their proficiency and comply with professional standards. Proactive tracking of these dates is essential to avoid back-pay issues.

Top 3 "Gotchas" for Employers

1.    Notice Periods: Unlike many industries, school teachers generally require 7 term weeks of notice for termination. This long lead time applies to both you and the teacher.

2.    Pro-Rata Calculations: In schools, non-term weeks are legally deemed to include annual leave. If a teacher starts mid-year or takes leave without pay, you must use a specific formula to ensure their final salary for the year is calculated correctly.

3.    Varying Part-Time Loads: You cannot simply change a part-time teacher’s days or teaching load. You must either have their consent or provide notice (7 weeks for schools, 4 weeks for early childhood) to avoid a breach.

Practical Compliance Tips

• Audit Your Casuals: Ensure no casual has exceeded the 4 week limit without a written agreement to extend for a term or 10 weeks.

• Appointment Letters: Legally, every non-casual hire must have a letter of appointment detailing their classification, pay, "face to face" teaching load, and extra-curricular duties.

• Accessibility: You are required to make the Award and the National Employment Standards (NES) accessible to all employees, whether via a physical notice board or a digital folder.

• Track Accreditation: Keep a central register of every teacher's accreditation status and service dates to ensure pay levels are adjusted precisely when they hit their next step-by-step milestone.

While the Educational Services (Teachers) Award 2020 has many layers, its purpose is to ensure stability and fairness for the professionals shaping the next generation. By mastering these fundamentals, you protect your business from claims and help a workplace culture built on transparency and respect.

Need a hand with a specific scenario or issue? FiveSeven are here to help.

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.