|FAIR WORK COMMISSION|
Fair Work Act 2009
s.156—4 yearly review of modern awards
4 yearly review of modern awards
EDUCATIONAL SERVICES (TEACHERS) AWARD 2020
JUSTICE ROSS, PRESIDENT
MELBOURNE, 24 NOVEMBER 2021
4 yearly review of modern awards – Award stage – Group 4 awards – Educational Services (Teachers) Award 2020 – Substantive issues.
A. Further to the Full Bench decisions issued by the Fair Work Commission on 10 June 2020 [ FWCFB 3011] and 24 November 2021 [ FWCFB 6053], the above award varied as follows:
1. By deleting clause A.3.2 and inserting the following:
A.3.2 Non-contact time
(a) An employee responsible for the preparation, implementation and/or evaluation of a developmental program for an individual child or group of children will be entitled to a minimum of two hours non-contact time per week. During non-contact time, an employee will not be required to supervise children or perform other duties as directed by the employer.
(b) An employee appointed as the Educational Leader will be entitled to a minimum of two hours non-contact time per week. During non-contact time, an employee will not be required to supervise children or perform other duties as directed by the employer.
NOTE 1: Educational leader is defined in Regulation 118 of the Education and Care Services National Regulations (2011).
NOTE 2: The entitlements at clauses A.3.2(a) and A.3.2(b) are cumulative. An Educational Leader who also has programming responsibilities for an individual child or group of children will be entitled to a minimum of four hours non-contact time per week.
B. This determination comes into operation on 1 January 2022. In accordance with s.165(3) of the Fair Work Act 2009 this determination does not take effect in relation to a particular employee until the start of the employee’s first full pay period that starts on or after 1 January 2022.
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