Your questions answered

Dear Kate

I work in a community-based preschool which follows school terms. Can my employer ask me to work during the term breaks when the children aren’t there?

Rachel

Dear Rachel

This depends on which agreement you are covered under. If you are on the modern award, Educational Services (Teachers) Award 2020, the clause that refers to this is 15.4 under Hours of Work: “The ordinary hours of work for an employee during term weeks are variable. In return, an employee is not generally required to attend for periods of time when the students are not present, subject to the needs of the employer with regard to professional development, student free days and other activities requiring the employee’s attendance”.

You may be required to attend during non-term weeks for PD or staff meetings, but your employer must give you six months’ notice in advance in writing on which days you are required to attend. The total number of days that a teacher can be required to work during term times and non-term times, including pupil free day, is 205 days a year.

If you teach five days a week for 41 weeks of the year you have reached your 205 days and cannot be expected to work over this.

For part-time teachers this is pro-rata, for example, a two-day a week teacher only needs to work 82 days in the year.

Kate

Dear Monique

I am aware the Queensland State Government has changed the funding model for preschools. As a result, my employer has told me our preschool’s programing and hours will change but they have not consulted with me about what it will look like. What can I do to get my employer to consult with me? If the new model becomes operative, should my employer issue me a new employment contract?

Suzanne

Dear Suzanne

Under the relevant award or collective agreement, your employer is required to consult with employees regarding major workplace change, including any changes to your ordinary hours or rostered hours of work. If your employer implements a change in hours or new initiative without consultation, they are in breach of the award or collective agreement.

If your employer is changing the operating model of your preschool, please contact our union in the first instance for advice and support. Our union can help you to raise concerns with your employer before any changes occur at your preschool. This should be done in writing, so you have a record of communication. Your employer may request a meeting to discuss these with you and our union. Your employer must consider employees’ feedback before a final decision is made.

Once the new operating model has been finalised, best practice would be for the changes to commence from the beginning of the preschool year. The employer is required to provide staff with a variation to your letter of appointment (contract of employment) specifying the changed arrangements such as your hours per week and roster.

If the changes are not satisfactory for you, and if the award or collective agreement specifies, you may be entitled to a partial redundancy.

Should you have any concerns regarding consultation about workplace change or new initiatives, please contact our union.

Monique