Monique Roosen is an Industrial Officer for IEU-QNT. Lisa James is an Organiser for the IEUA NSW/ACT Branch.
They answer your industrial and legal questions as they relate to state laws and regulations.

WWCC expired, barred from work

Dear Lisa
I’m unable to work right now as my Working With Children Check (WWCC) renewal has not come back yet. Last time it only took a few days but it’s been almost four weeks and I’m wondering if you have heard of any other teachers in a similar situation who have had to take leave for an unknown time frame. The Office of the Children’s Guardian (OCG) has told me there is a delay in processing. Even crazier, the Department of Education says diploma staff can continue working with an application number, however, teachers can’t. NESA has made me feel like I’ve done something terribly wrong. Any help would be appreciated.
Lara

Check your contract

Lisa James

Dear Lara

The IEU is aware there can be delays in the turnaround time for Working With Children Check (WWCC) applications, depending on the time of year. The IEU advises members to renew their WWCC as soon as they receive notification that it is due to expire in three months.

We recommend you contact the OCG and emphasise you have been forced to take leave (and will soon need to take unpaid leave) due to the delay in processing your WWCC.

The IEU is also aware that diploma and certificate qualified educators can work if they have submitted a WWCC application as the Child Protection (Working with Children) Act 2012 states that a person can engage in child-related work if they have a current application for a WWCC. However, the Teacher Accreditation Act is clear that teacher accreditation is automatically suspended unless a teacher has a current WWCC. Once you have a new WWCC number, NESA will lift the suspension of your teacher accreditation and you will be able to resume teaching.

I suggest you approach your employer and ask if they will allow you to perform work at the centre, other than in a teaching capacity. For example, you could perform the role of an office-based centre director or a diploma educator working directly with children while you wait for your application to be processed.

Lisa

Dear Monique
I have recently changed jobs, and I have received a new contract at another preschool. I have concerns about the contract of employment on offer, especially the wages and hours of work they have set out. How do I know my rights before starting with my new employer?
Diane

Monique Roosen

Dear Diane

Congratulations on being offered a job at a new preschool. Your offer of employment should set out the following information:•whether the position is full-time, part-timeor casual•your classification, such as teacher or educator•your rate of salary on commencement•any applicable allowances•if you are a teacher, your teaching load, including non-contact time and additional release time, and•if you are part-time, the pattern of work you will have (for example, five-day fortnight), the days of the week in which you will work, and the starting and finishing times for each day of work.

The offer may also specify other conditions regarding intellectual property, registration requirements, work health and safety and, if you are a teacher, your agreement to be appointed to the role of either nominated supervisor or educational leader.

Your wage rates and any applicable allowance will be set by either the relevant collective agreement or modern award and will be determined by your qualifications and experience. These are available on the Fair Work Commission website at www.fwc.gov.au/agreements-and-awards

If you would like to have your contract reviewed before accepting the offer, I would encourage you to contact our union and supply a copy of your contract for further advice and support.

Monique