FAQ

• enrolled in an ACECQA approved qualification and have started study
• making satisfactory progress towards completing the course
• meeting the requirements to maintain enrolment.

Who can meet the Diploma level qualification requirements?

You can be counted towards meeting the diploma level qualification requirements if you are:

• enrolled in an ACECQA approved qualification and have started study
• making satisfactory progress towards completing the course
• meeting the requirements to maintain enrolment.

And you either:

• hold an approved certificate III level qualification OR
• have completed 30% of the units in an approved ECT qualification

What documentary evidence can an Approved Provider request from educators that demonstrate progress is being made towards their qualification?

• confirmation of enrolment
• letter of offer
• academic transcript of units/modules completed
• examination results or verified and dated letter from the course provider.

What should I do for a staff member returning from leave?

• Welcome the staff member back to the service
• Go through any changes that may have occured during their absence such as changes to policies, procedures, staffing arrangements, new enrolments etc
• Revise the educator's role and responsibilities 
• Provide training if necessary 
• Monitor the staff member and their wellbeing
• Ensure their records are up to date e.g. WWCC, First Aid, staff performance reviews etc

Do staff working with children require a Working with Children Check (WWCC) ? 

Students and volunteers at the service, excluding close relatives of a child in attendance at the service require a working with children check if they are over 18yrs of age.  The Working with Children Check (WWCC) is a requirement for anyone in paid or volunteer child-related work in NSW. Employers and organisations must verify the WWCC details of anyone they engage in child-related work. 

“Child-related work (including voluntary work) is:

• providing services for children and young people under 18s
• where the work normally involves being face to face with children
• where contact with children is more than incidental to the work.

How can I address underperformance?

Before taking steps to manage underperformance, employers should consider if there are any rules they need to follow under their award or registered agreement, a contract of employment or a workplace policy.

If an employee underperforms, then as a first step it's a good idea to arrange a private meeting for the employee and employer to discuss the situation. The employer should tell the employee what the meeting is about and ask them if they want to bring a support person along. Everyone in this meeting should be encouraged to:

• be clear about what the issues or concerns are and listen to the other attendees,
• do their best to discuss and agree on a solution together, including clear and reasonable steps for improvement,
• document the meeting and outcomes.

Are there rules or clauses regarding how many warnings an employer should provide to an employee?

There is no general rule that an employer has to give an employee 3 warnings, or even 1 warning, before ending their employment, but an employer should usually give the employee a chance to fix any performance issues. If an employer fires an employee who then makes an unfair dismissal claim, the Fair Work Commision will usually take this into consideration. 

• they are clear about the reason for the warning,
• they write down all the details,
• they set clear expectations about what needs to be done differently,
• the warning is fair and reasonable in the circumstances.

In what circumstances can an employer require an employee to take annual leave?

An employer can only direct an employee to take annual leave in some situations.  For example, when:

• The business is closed during the Christmas and New Year period,
• An employee has accumulated excess annual leave,
• Rules about when and if an employer can direct an employee to take annual leave is set out in awards and registered agreements. Specific details are covered in:
  • Children Services Award 2010 – Part 6
  • Educational Services Award 2020 – Part 5.

Can a staff member take time off to care for an immediate family or household member?

Personal/carer’s leave (also known as sick and carer’s leave) lets an employee take time off to help them deal with personal illness, caring responsibilities and family emergencies.

Who is entitled to Compassionate leave? 

All employees (including a casual employees) are entitled to compassionate leave (also known as bereavement leave). Full-time and part-time employees receive paid compassionate leave and casual employees receive unpaid compassionate leave.

Who is entitled to Family and Domestic Violence leave? 

All are entitled to 10 days of paid family and domestic violence leave in a 12-month period. This includes full-time, part-time and casual employees.  Employees must be experiencing family and domestic violence to be eligible to take paid family and domestic violence leave. An employee’s paid leave entitlement is available in full immediately and resets on their work anniversary. It doesn’t accumulate from year to year.

Can an employer ban visible tattoos in the workplace? 

The answer is yes.
There is no law against employers insisting that visible tattoos or piercings be covered during working hours or having a no-tattoo policy on hiring. It is lawful for your employer to have policies regarding your appearance at work. These policies may include a ban on visible tattoos and other matters however should not result in harsh or unfair treatment.

Employers have an obligation to ensure that employees are aware of dress code and appearance policies and you, as an employee, have an obligation to follow them