Frequently Asked Questions

Q: What are the staff:child ratios for OOSH services?

A: Standard 3.1 of the National Standards for Outside School Hours Care states:

• 3.1.1 There shall be a maximum of 15 children to 1 staff member
• 3.1.2 There shall be a maximum of 8 children to 1 carer for excursions
• 3.1.3 There shall be a maximum of 5 children to 1 carer for swimming

In addition, the standard recommends a minimum of 2 staff on duty at any one time.

Whilst these ratios are not enforced they do serve as a benchmark for best practice and may be referred to in a court of law in the event of any legal action arising from claims regarding a breach of duty of care. These standards are also generally recognised by Insurance companies as the required standard for service provision.

Q: What award are OOSH staff covered by?

A: For community based and privately operated OOSH services, the relevant Award is the Children’s Services Award 2010.

For OOSH services operated by Councils staff may be employed under a Council Employee Agreement, the Children’s Services Award 2010, or another Award. Staff should check with Human Resources at their particular Council.

Award information is available from the Fair Work Infoline – telephone 13 13 94 Monday to Friday 8.00am to 6.00pm.

Copies of the Award can be downloaded from: www.fairwork.gov.au/Pages/default.aspx

Q: Is there a minimum number of hours that staff are to be paid?

A: Yes. A part-time employee working a single shift is to be paid a minimum of two hours for each start.

Broken shift workers are to be paid a minimum of two hours for each shift worked.

Casual workers are to be paid a minimum of two hours for each shift worked.

Q: Do we have to pay permanent part-time staff over school vacations even if we don’t operate Vacation Care at our centre?

A: Yes. Permanent part-time staff are paid for school vacations, except for the Christmas vacation period where they can be stood down without pay for a maximum of four weeks. Staff may choose to take any annual leave they are owed during the Christmas Vacation period.

Q: What is the minimum age for staff?

A: Normally we would not advise that principal staff (i.e. those that make up the ratio of 1:15) are less than 18 years of age.

Q: What is the difference between casual and permanent part-time staff?

A: Part-time workers are permanent employees with a guarantee of on-going employment. As a part-time worker you will:

• Receive at least the minimum wage. There are different levels of pay in most awards and agreements and each level has its own minimum pay rate.
• At least one week’s notice of termination must be given by either the employer (if there will be no more work) or by the worker (if intending to leave).
• Work for fewer than 38 hours each week, usually between eight and 36 hours.
• Have cumulative sick leave entitlements. Sick leave is calculated at a pro-rata or percentage rate based on the number of hours you work.
• Receive four weeks of paid annual leave at the normal rate of pay. For example, someone working three days per week will have four weeks off work and will receive their usual three days’ pay for each week they are on leave. Some part-time workers also receive a paid leave loading (a pay bonus when on annual leave). Check your award or agreement to see if this applies to you.

Casual workers are not permanent employees so there is no guarantee of on-going employment. As a casual worker you will:

• Receive the minimum wage plus an additional payment called a ‘loading’ (usually around 20% extra). This is to make up for not receiving other entitlements such as paid leave
• Be employed on an hourly basis. No advance notice of termination is required
• Work for a ‘minimum engagement’ period that is usually around three hours. It is important to check your award or agreement because this can vary.

If you are employed under a state award, you may have the right to ask to be made permanent after six months of continuous service.

Q: I have been asked to relieve in the Coordinator’s position while she is away on leave. Should I be paid at a higher rate of pay?

A: Yes. Employees employed at work for which a higher rate is fixed shall be paid the higher rate while employed in the position.

If employed for four hours or more on the higher class of work, employees shall be paid the higher rate for the whole of that day. (Miscellaneous Workers Award Kindergartens and Child Care Centres (State) Award: Clause 17)

Q: If I am asked to relieve in a position that is paid less than me, will my pay be reduced?

A: No. Where an employee is called upon to perform duties for which a lower rate is fixed, the employee shall suffer no reduction in pay. (Miscellaneous Workers Award Kindergartens and Child Care Centres (State) Award: Clause 17)

Q: How can I find out what I should be paid?

A: Pay rates are listed in the Children’s services Award 2010.

A copy of the Award can be downloaded from: www.fairwork.gov.au/Pages/default.aspx

You can also ring the Fair Work Infoline on 13 13 94 and ask for advice.

Q: Is there a Union for OOSH workers?

A: Yes, for community based or privately operated services: Liquor, hospitality and Miscellaneous Workers’ Union (LHMU) Telephone: 1800 805 027 www.lhmu.org.au

For council managed services: United Services Union (USU) Telephone: (02) 9265 8211 www.usu.org.au/usu/artman/publish/contacts.shtml