The National Employment Standards
The National Employment Standards, or NES, are the minimum rules every employer in Australia has to follow. They apply to every educator, teacher and office role in your service whether the person is full time, part time or casual. You can always offer more than the NES. You cannot offer less.
The NES cover eleven minimum standards:
- Maximum weekly hours of work (38 hours for full time, plus reasonable additional hours)
- Requests for flexible working arrangements
- Parental leave and related entitlements
- Annual leave (4 weeks paid per year, pro rata for part time)
- Personal and carer's leave, compassionate leave and family and domestic violence leave
- Community service leave
- Long service leave (the rules sit within the NES but specific entitlements vary state by state, in Queensland long service leave is set by the Industrial Relations Act 2016)
- Public holidays
- Notice of termination and redundancy pay
- Fair Work Information Statement and Casual Employment Information Statement
- Right to request casual conversion and the definition of casual employment
The Fair Work Information Statement
The Fair Work Information Statement is a short document Fair Work publishes. It explains the NES in plain words. You are required to give it to every new employee before they start, or in their first week. If you forget, you are in breach of the Fair Work Act.
Depending on the employment type, you may also need to give the educator one or both of these:
- Casual Employment Information Statement. Issued to every casual educator on engagement and then again at 6 months and 12 months of service.
- Fixed Term Contract Information Statement. Issued to any educator or teacher on a fixed term contract when the contract is entered into.
The 1 July annual wage review
Every year the Fair Work Commission reviews the minimum wage and the award pay rates. The new rates usually apply from the first full pay period on or after 1 July. So if your first pay period in July runs from the 3rd of July, the new rates start from the 3rd.
The Commission releases the actual rate changes late in June, which does not give payroll a lot of lead time. As a Service Manager or Approved Provider, diary two tasks every year:
- Late June. Check the Fair Work Ombudsman website for the updated pay guide for the Children's Services Award and the Teachers Award. Forward to payroll.
- First week of July. Confirm with payroll that the new rates are live from the first full pay period, and decide whether educators paid above award will have their above-award amount passed on as well or kept as-is.
Educators on above-award pay still benefit from a floor check. The award rate might have moved above what you are paying them. That is a common quiet underpayment risk.
Which award applies to which role
Award coverage in early education is driven by the work the person actually does in the room each shift, not by the job title on their contract. Fair Work will always look at the duties.
Children's Services Award 2010
Covers most educators in long day care, early learning centres, occasional care, outside school hours care, vacation care and family day care. Roles typically covered: Cert III educators, Diploma educators, Room Leaders, Educational Leaders, Service Managers, Assistant Directors and Directors.
The Children's Services Award is for people whose role is to care for children and support their learning, but who are not engaged specifically as a teacher delivering the educational program.
Educational Services (Teachers) Award 2020
Covers Early Childhood Teachers who hold a Bachelor of Early Childhood Education or an equivalent approved teaching degree, and who are employed specifically to plan and deliver the educational program, assess children's learning and lead the curriculum.
A teacher is responsible for the educational program itself. An educator supports learning experiences and care routines.
What the Children's Services Award requires
Classification levels from 1 March 2026
From 1 March 2026 the Children's Services Award moved to a restructured classification model (PR794818). There are now eight levels of Children's Services Employee (CSE) plus three levels of Children's Services Support Employee (CSSE). The levels are built around qualifications, time in the sector and the level of responsibility held.
| Level | Title | Who sits here |
|---|---|---|
| Level 1 | Introductory Educator | An employee whose primary role is to work directly with children and who has less than 12 months' experience as a CSE. |
| Level 2 | Educator | An employee whose primary role is to work directly with children and who has at least 12 months' experience as a CSE. |
| Level 3 | Qualified Educator | An employee whose primary role is to work directly with children and who has obtained an approved Certificate III in Early Childhood Education and Care. |
| Level 4 | Experienced Educator | A Cert III qualified educator working directly with children who has four years' post-qualification industry experience at CSE Level 3. |
| Level 5 | Advanced Educator | An employee whose primary role is to work directly with children and who has completed a Diploma in Early Childhood Education and Care (or equivalent approved qualification for outside school hours care). |
| Level 6 | Room Leader | An employee appointed as a Room Leader, or in outside school hours care appointed to assist a Level 7 or Level 8 employee. |
| Level 7 | Assistant Director | An employee appointed as Assistant Director, Children's Services Coordinator, Family Day Care Coordinator, Family Day Care Trainee Supervisor or School Age Care Coordinator, who holds an AQF Level 5 or Level 6 qualification (or is deemed to hold one for the role). |
| Level 8 | Director | An employee appointed as Director of a service, or in OSHC/vacation care responsible for strategic, financial, compliance and operational management, who holds a relevant degree or other qualification (or is deemed to hold one for the role). |
Support Worker (CSSE) classifications
The Support Worker structure covers roles that are not primarily working directly with children, including kitchen, laundry, cleaning, gardening, driving, maintenance and administration.
| Level | Who sits here |
|---|---|
| CSSE Level 1 | An untrained, unqualified employee who works under supervision with guidance and direction. Typical duties include assisting a qualified cook, basic food preparation, kitchen hand duties, laundry, cleaning, gardening, driving, non-trade maintenance and administrative duties. Progresses to Level 2 after 12 months, or earlier if already performing Level 2 duties. |
| CSSE Level 2 | An employee with skills, training and experience above Level 1 and below Level 3. Works under routine supervision and exercises discretion consistent with their skills. Typical duties mirror Level 1 but include more responsibility. |
| CSSE Level 3 | An employee who holds an AQF Certificate III (or equivalent) and performs work at that level as required by the employer. |
Always sense-check the classification against the actual award text in the Fair Work pay guide. Duties and supervision responsibilities matter as much as the qualification.
Ordinary hours
- A full time educator is engaged to work an average of 38 ordinary hours per week.
- A part time educator is engaged to work less than 38 ordinary hours per week, on a regular pattern, on a pro-rata basis with equivalent pay and conditions to full time.
- Ordinary hours can be worked Monday to Friday between 6:00 am and 6:30 pm.
- A standard day should not exceed 8 hours. This can be varied up to 10 hours per day by mutual agreement through an individual flexibility agreement.
- Maximum ordinary hours may be averaged over a one, two or four week roster. For example, a full time educator may work 36 hours one week and 40 hours the following week. The rostering period must stay consistent for this to apply.
Part time special provisions
At the time of engagement the employer and part time educator must agree in writing on the regular pattern of work. The written agreement must include:
- The number of hours per week
- The days of work
- The starting and finishing times each day
This does not have to be a weekly arrangement. For example, a 4 week rotating roster pattern is fine.
Changes to the regular pattern of work can only be made by written agreement, or unilaterally by the employer by giving 7 days written notice.
A part time educator must be paid a minimum of 2 consecutive hours on any day they work.
A part time educator who agrees to work in excess of their normal hours is paid at ordinary time for up to 8 hours, provided the additional time is worked within the ordinary hours of operation of the early education service. Agreement should be documented, for example through roster acceptance.
Casual rules
- A casual educator may only be engaged for temporary and relief purposes.
- Casual loading is 25 percent on top of the ordinary hourly rate, to compensate for no paid leave and no permanent entitlements.
- Minimum engagement is 2 hours per shift. Even if you only need them for 45 minutes, they are paid for 2.
- A casual educator with more than 6 months service may request conversion to permanent if they no longer believe they meet the definition of casual. The employer must consider the request and may only decline on reasonable business grounds.
Overtime
- Overtime applies when a full time educator works outside the spread of ordinary hours or more than 38 hours per week.
- Overtime also applies when work is completed outside the service's standard hours of operation.
- A part time educator who agrees to additional hours above their ordinary hours is only paid overtime where the additional hours take them above 38 hours per week or above 10 hours in any one day.
Time off in lieu instead of overtime
An educator and employer may agree in writing for the educator to take time off instead of being paid overtime. If the educator later requests their TOIL balance to be paid out, it must be paid at overtime rates.
Payment of wages
- Wages may be paid weekly, fortnightly or monthly by agreement (clause 19.2).
- If employment ends, the employer must pay the educator no later than 7 days after the last day of employment.
- Final pay must include wages for any complete or incomplete pay period up to the end of employment, plus all other amounts due under the Award and the NES.
Leave
Leave entitlements follow the National Employment Standards.
- Annual leave accrues at 20 days per year for full time, pro-rata for part time.
- Personal and carer's leave accrues at 10 days per year for full time, pro-rata for part time.
- Compassionate leave is 2 paid days per occasion for full time and part time, and 2 unpaid days per occasion for casuals.
- Employees are entitled to unpaid parental leave after 12 months of employment with the employer.
- Paid family and domestic violence leave accrues in full at the start of each year. All employees (including casuals) are entitled to 10 days per year.
- Long service leave applies per state legislation. In Queensland it is governed by the Industrial Relations Act 2016.
Allowances
- Broken shift allowance. 1.91 percent of the standard day rate where an educator works two separate shifts in a day.
- Clothing and equipment. Must be paid or reimbursed where the employer requires special clothing such as a uniform.
- First aid allowance. 1.13 percent of the standard day rate for an educator below Level 3 who is required to administer first aid and holds the required qualifications.
- Meal allowance. May apply where 2 or more hours of overtime is worked, paid at $15.48 or a meal supplied by the employer.
- All purpose allowance. Applies to a Director or Assistant Director holding a Graduate Certificate in Childcare Management (or equivalent), calculated at 5 percent of the weekly rate for an Assistant Director (CSE Level 5.4 equivalent).
- Educational leader allowance. $4,567.31 per annum for an educator appointed to discharge the responsibilities of an educational leader, pro-rated if they only perform the role on certain days.
Check the current pay guide each July to confirm the dollar amounts, as allowances are typically updated with the annual wage review.
Breaks
- An educator is entitled to a 10 minute paid rest break after 4 hours of work. These should be planned into rosters.
- Educators working more than 7 hours are entitled to two 10 minute paid rest breaks.
- An educator is entitled to an unpaid meal break of 30 minutes when working more than 5 hours. The meal break must be taken after no more than 5 hours of work.
- If an educator is required to stay on the premises for their meal break, the break is paid.
Consultation
If you are proposing major workplace change or significant changes to rosters or hours of work, the award requires you to consult with affected educators first. That means telling them about the proposal, inviting feedback and considering their views before you finalise the change.
What the Teachers Award requires
The Teachers Award operates differently from the Children's Services Award. It is structured around weekly pay rates or annual salaries rather than hourly pay, reflecting the professional nature of the role and the programming and assessment responsibilities an Early Childhood Teacher holds.
Ordinary hours
- A full time teacher is engaged to work an average of 38 ordinary hours per week.
- A part time teacher is engaged to work on a regular basis for less than, but not more than 90 percent of, the hours of a full time employee in the school, children's service or early childhood education service.
- If a part time teacher's hours rise above 90 percent of full time hours, they are considered full time.
- A part time teacher who requests to work above 90 percent of full time hours but less than full time will not be considered full time and will be remunerated for the actual hours worked.
- Ordinary hours are worked between 6:00 am and 6:30 pm on any 5 days Monday to Friday, and must not exceed 8 hours on any day (extendable to 10 hours by mutual agreement through an individual flexibility agreement).
Part time special provisions
At the time of engagement the employer and part time teacher must agree in writing on the regular pattern of work. The written agreement must include:
- The number of hours per week
- The days of work each week
- The starting and finishing times each day
Changes to the regular pattern of work can only be made by written agreement. They cannot be made unilaterally by the employer unless the change is required as a result of a change in funding, enrolment or curriculum. In those cases, 4 weeks notice must be provided.
A part time teacher who agrees to additional hours is paid at ordinary time for up to 8 hours, provided the additional time is worked within the ordinary hours of operation of the service. Agreement should be documented, for example through roster acceptance.
Casual rules
- A casual teacher may only be engaged for temporary and relief purposes.
- A casual teacher may be engaged for a period of not more than 4 consecutive weeks at a time.
- A casual teacher's maximum ordinary hours of work are 38 hours per week.
- Casual pay is a full day, half day or 2 hourly rate as per the award, and includes a 25 percent casual loading plus an additional 4 percent loading.
- Minimum engagement is 2 hours per shift.
- A casual teacher working 5 consecutive days will not be paid higher than Level 3 of the award.
Overtime
- A teacher is paid overtime for all authorised work performed outside of, or in excess of, the ordinary or rostered hours.
- Overtime is paid at 150 percent of the minimum hourly rate for the first 3 hours, and 200 percent for any overtime hours after that.
- Overtime also applies when work is completed outside the service's standard hours of operation.
- A part time teacher who agrees to additional hours above their ordinary hours is only paid overtime where the additional hours are worked outside the service's standard operating hours or exceed 8 hours in any one day.
Non-contact time
This is the provision specific to teachers. Because teachers are responsible for planning the educational program and assessing children's learning, the award recognises that not all their work happens directly with children. Teachers must be provided with paid non-contact time during their working hours to complete programming, documentation, assessment and other professional responsibilities.
Practically, this means your roster needs to build in paid time where the teacher is not counted in ratios, is not supervising children, and is doing programming work. If you do not build this in, you are likely in breach of the award.
Time off in lieu instead of overtime
A teacher and employer may agree in writing for the teacher to take time off instead of being paid overtime. If the teacher later requests their TOIL balance to be paid out, it must be paid at overtime rates.
Payment of wages
- Wages must be paid fortnightly on the last working day of the fortnight.
- If employment ends, the employer must pay the teacher no later than 7 days after the last day of employment.
- Final pay must include wages for any complete or incomplete pay period up to the end of employment, plus all other amounts due under the Award and the NES.
Termination
- 4 weeks notice must be provided to full time and part time teachers for termination of employment.
- If the teacher is over 45 years of age and has completed at least 2 years of service, an additional week's notice applies.
- If a teacher does not give the required period of notice, the employer may deduct from wages due an amount that is no more than 2 weeks' wages for that teacher.
Leave
Leave entitlements follow the National Employment Standards.
- Annual leave accrues at 20 days per year for full time, pro-rata for part time.
- Personal and carer's leave accrues at 10 days per year for full time, pro-rata for part time.
- Compassionate leave is 2 paid days per occasion for full time and part time, and 2 unpaid days per occasion for casuals.
- Employees are entitled to unpaid parental leave after 12 months of employment with the employer.
- Paid family and domestic violence leave accrues in full at the start of each year. All employees (including casuals) are entitled to 10 days per year.
- Long service leave applies per state legislation. In Queensland it is governed by the Industrial Relations Act 2016.
Allowances
- Director's allowance. Paid as outlined in the award, based on the number of places in the service.
- Clothing and equipment. Must be paid or reimbursed where the employer requires special clothing such as a uniform.
- Meal allowance. May apply where 2 or more hours of overtime is worked, paid at $15.48 or a meal supplied by the employer.
- Educational leader allowance. $4,567.31 per annum for an employee appointed to discharge the responsibilities of an educational leader, pro-rated if they only perform the role on certain days.
Breaks
- An employer is required to provide a paid meal break of between 20 and 30 consecutive minutes to a teacher who is engaged or rostered to work more than 5 hours on a day.
- The meal break must be taken after no more than 5 hours of work.
- If a teacher is required to stay on the premises for their meal break, the break is paid.
Side-by-side comparison
| Item | Children's Services Award 2010 | Teachers Award 2020 |
|---|---|---|
| Who it covers | Cert III and Diploma educators, Room Leaders, Educational Leaders, Service Managers | Early Childhood Teachers holding a Bachelor of Early Childhood Education or equivalent teaching degree |
| Pay structure | Hourly rates plus allowances | Weekly rates or annual salary |
| Classification levels | 8 educator levels plus 3 support worker levels (from 1 March 2026) | Multiple levels tied to qualifications, teaching experience and centre size |
| Ordinary hours | Span 6am to 6:30pm Mon-Fri, 38 hours/week full time | Span 6am to 6:30pm Mon-Fri, 38 hours/week averaged, max 10 hours per day |
| Non-contact / programming time | Not separately required by the award | At least 2 hours per week paid non-contact time |
| Casual minimum engagement | 2 hours per shift | Day or half-day rate, 4 consecutive weeks maximum (up to 10 by written agreement) |
| Casual loading | 25 percent on hourly base rate | 25 percent plus 4 percent loading, built into the day, half-day or 2-hour rate |
| Overtime | 150 percent first 2 hours, then 200 percent; Sundays and public holidays 200 percent | 150 percent for the first 3 hours, then 200 percent; Sundays and public holidays 200 percent |
| Meal break | 30 to 60 minute break after 5 hours, paid if onsite | 20 to 30 minute paid break after 5 hours, unpaid if offsite by agreement |
| Notice of termination | NES applies (1 to 4 weeks based on continuous service, plus 1 week if 45+ with 2+ years) | 4 weeks under the award, plus 1 extra week if 45+ with 2 or more years continuous service |
| Consultation on change | Required for roster changes and major change | Required for major change |
| 1 July wage review | Applies | Applies |
What to do, what to avoid
Do
- Use the Fair Work Award Finder or call Fair Work directly when you are unsure which award applies to a role
- Look at actual duties, qualifications and the level of responsibility held, not the job title on the contract
- Document your classification decision for every educator using the Award Classification Record
- Check the Fair Work pay guide in late June every year and update payroll before the first pay period in July
- Build programming time into the teacher's roster so they get their 2 paid non-contact hours per week, not-in-ratio
- Issue the Fair Work Information Statement with every offer letter, plus the Casual or Fixed Term statement where it applies
- Run the floor check on educators paid above award, so the award increase does not creep above what you are paying without you noticing
Avoid
- Relying on ChatGPT or other general AI tools to interpret award coverage or classifications. The course team tested this and found it was wrong roughly 95 percent of the time.
- Calling a Room Leader or Experienced Educator role a casual when the work is clearly ongoing. Casuals are for temporary relief purposes under the Children's Services Award.
- Rostering a part time educator outside their agreed pattern without written agreement in advance. This triggers overtime even though the hours look ordinary.
- Counting the teacher in ratios during their programming time. If they are covering the room, that is contact time, not non-contact time.
- Assuming a contract clause can override an award entitlement. The award minimum always wins, even when the contract is signed.
- Letting a classification drift. If an educator's role has grown, the classification (and pay rate) should move with it.