Q&A
Dear Kate
I work in a private long day care centre which is covered by the Educational Services Teachers Award 2020 (the modern award). I am not being paid for a lunch break and I must eat my lunch with the children.
Michelle
I work in a private long day care centre which is covered by the Educational Services Teachers Award 2020 (the modern award). I am not being paid for a lunch break and I must eat my lunch with the children.
Michelle
Dear Michelle
Your employer is in breach of the award. The employer is required to provide you with a paid 20-30-minute meal break. Eating lunch with children is not a break as you are still supervising. Your employer should be paying this as time worked.
If your break is interrupted for any reason, you should be paid 150 per cent of the minimum hourly rate for a minimum of 15 minutes and thereafter to the nearest quarter hour until an uninterrupted break, or the balance of the break, is taken. If ratios allow, and with the consent of the employer, you may choose to leave the service for 20-30 minutes, and it will be an unpaid lunch break. Please note, different arrangements exist in Queensland. Contact your union for advice.
Kate
What legal responsibilities does a nominated supervisor have?
Dear Monique
My employer has asked that I assume the role of the nominated supervisor. I understand that this role involves additional legal responsibilities. Can you please tell me what they are before I decide whether to accept the role?
Kristie
My employer has asked that I assume the role of the nominated supervisor. I understand that this role involves additional legal responsibilities. Can you please tell me what they are before I decide whether to accept the role?
Kristie
Dear Kristie
The Education and Care National Law and Regulations govern the legal responsibilities for the role of Nominated Supervisor. Section 161 of the National Law requires that the approved provider (your employer) must operate a service with a nominated supervisor. The approved provider must identify the nominated supervisor and the person must give their written consent to undertake the role.
The key responsibilities for the role of nominated supervisor are:
- the day-to-day management of the service
- ensure that educational programs meet the early years learning framework (section 168)
- supervise children at all times while they are in your care
- ensure that the entries and exits to the premises are secure (section 170 and regulation 99)
- ensure that hygiene and safety practices minimise the risks to children (regulations 77, 79, and 80)
- administer medication in accordance with the legal requirements (regulations 93-96)
- ensure that you are not affected by drugs and alcohol (regulation 83)
- ensure that there is adequate sleep and rest time for children (regulation 81)
- ensure that risk assessments are conducted for excursions (regulations 100-102), and
- ensure that the staff-to-child ratios are met (see regulations 123-128).
Once you have given your written consent to undertake the role of nominated supervisor, your employer must notify the regulatory authority within seven days of receiving the consent. In addition, the employer must display the name of the person(s) who are the nominated supervisor at the preschool (see sections 172, 173(2)(b), and 174(1)).
Further information can be found online at bit.ly/3VM6zdc