For the benefit of members of the Australian Childcare Alliance (ACA) NSW, the following are answers to members' frequently asked questions.
Members will need to use their username and password in order to gain access.

banner faqs 600x314

INDUSTRIAL RELATIONS RELATED FAQs

IR-01 How are the levels of progressions calculated?
IR-02 What are the employer’s rights if an employee resigns with no minimum notice period?
IR-03  How much notice does an employee need to provide which resigning?
IR-04 What does a five year trained teacher mean?
IR-05 How do I know which category I pay my Early Childhood Teacher who is appointed as the services’ director?
IR-06  How much time is required to be given to employees for non-contact (programming) time?
IR-07 Am I meant to pay employees for staff meetings?
IR-08 I am employing an employee to cover parental leave which type of employment agreement contract do I issue?
IR-09 What is Personal / Carers leave? And what are the minimum entitlements?
IR-10  Are Personal / Carers leave accrual rolled over to following year?
IR-11 When employees entitled to a meal are break & rest pause?
IR-12 What are the minimum hours a casual can be rostered for?
IR-13 Can an employee who holds an approved Diploma qualification be employed and paid as one who holds a Certificate III?
IR-14 If my service starts to slow down and I have low attendances, can I make staff take annual leave?
IR-15 Can I reduce the hours my casual staff are working as my service slows down?
IR-16 To keep staff employed, should I ask my employees to consider other arrangements such as reduced hours, as an alternative to redundancy?
IR-17 If necessary, do the normal rules on redundancy/stand downs still apply during the COVID-19 pandemic?
IR-18 I have a staff member who has been in contact with someone who has been tested positive to COVID-19. Do I send them home and if so, do I have to pay them?
IR-19 Can I require my employees to be vaccinated against COVID-19 in order to work?
IR-20 What if my contract of employment is silent on this matter?
IR-21 What is the recommended approach if requiring vaccination?
IR-22 Do some employees have the ability to refuse vaccination?
IR-23 How can I lawfully collect information about employee vaccination status?
IR-24 Can an employer ask employees to disclose their vaccination status?
IR-25  What if I am covered by the Privacy Act and want to keep a record of an employee’s vaccination status?
IR-26  Can an employer compel employees to disclose their COVID-19 vaccination status, or provide proof of their vaccination status?
IR-27  What happens to an employee who cannot work because they are unvaccinated and are prohibited from working by Public Health Orders?

 

REGULATIONS AND NATIONAL LAW FAQs

RL-01 What is the required indoor and outdoor encumbered square metre?
RL-02 What are the requirements for fencing?
RL-03  Can I employ an employee working towards a qualification under the age of 18 and be counted in ratio?
RL-04 Does an employee under the age of 18 years require a working with children check?
RL-05 What is the Educator to child ratio?
RL-06  Must educators be covered when on Meal breaks, rest pauses and programing time?
RL-07 How many diplomas’ must I have rostered on?
RL-08 Is there a regulation that requires two people on open and close a service?
RL-09 What are the Early Childhood Teacher (ECT) requirements in NSW?
RL-10  What are the criteria for a person working towards early childhood degree to be qualified to apply for a waiver?
RL-11 Does my educational leader need to be an ECT?
RL-12 Who can be appointed as a responsible person / nominated supervisor?
RL-13 What are the current and approved Child Protection Training courses?
RL-14 How long must children, staff records and other documents must be kept and for ?
RL-15 When do you commence the count for 60 days in any 12 month period when and Early Childhood Teachers
is absent from the centre-based service due to short-term illness or leave?


PUBLISHED: 17 JUNE 2019

UPDATED: 12 JANUARY 2021