ACA NSW 2021

For the benefit of members of the Australian Childcare Alliance (ACA) NSW, the following are answers to members' frequently asked questions.
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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