Information for early childhood education and care (ECEC) providers about awards, workplace instruments and supported bargaining.
On this page:
Information for employers
To get the worker retention payment, you must engage workers through a workplace instrument that meets grant conditions.
This page has information about the types of workplace instruments you may use.
We will assess whether a particular workplace instrument meets grant conditions on a case-by-case basis.
The worker retention payment guidelines include a factsheet on workplace instruments. You are to provide this information to your employees.
Information for employees
For your employer to pay you the worker retention payment, they must employ you under a workplace instrument that meets grant conditions.
This page has information about the types of workplace instruments your employer may use.
Workplace instruments
The term workplace instrument is defined in the Fair Work Act.
A workplace instrument is a legally enforceable document that sets out the terms and conditions of employment, like:
- pay rates
- penalties and loadings
- working hours
- leave entitlements.
Some examples of workplace instruments are outlined below. This is not an exhaustive list.
You may wish to obtain legal advice. We cannot provide legal advice.
Enterprise agreements
An enterprise agreement is a workplace instrument tailored to the needs of the business and its employees.
They can be made between:
- one employer and their employees (single-enterprise agreement)
- 2 or more employers and their employees (multi-enterprise agreement).
Existing enterprise agreements that are not compliant with the conditions of the worker retention payment may be made compliant through:
- a variation to the enterprise agreement, or
- an IFA.
Multi-enterprise agreements include:
- supported bargaining agreements, like the ECEC multi-employer enterprise agreement
- single interest employer agreements
- cooperative workplace agreements, which can be made without authorisation from the Fair Work Commission (FWC).
Bargaining is when employers and employees negotiate the terms and conditions of employment. It’s done with the goal of forming of an enterprise agreement. During bargaining, employees can be represented by representatives like unions.
The Fair Work Ombudsman (FWO) provides more information about enterprise agreements and bargaining.
ECEC supported bargaining agreement
Supported bargaining is a new process where employers and employees can bargain collectively with other employers or employees in their sector, with support from the FWC.
Supported bargaining outcomes must lead to employees being better off overall than the pay and conditions set out in awards.
A supported bargaining agreement is a type of multi-enterprise agreement.
On 10 December 2024, the FWC approved a new supported bargaining agreement for the ECEC sector.
The Early Childhood Education and Care Multi-Employer Enterprise Agreement is a type of supported bargaining agreement.
The agreement is compliant with the worker retention payment conditions. This means that providers covered by the agreement will meet the workplace instrument requirements.
The agreement applies to the employers listed in Part G and their employees.
Other providers can apply to join the agreement. This is known as a variation.
A variation may be made:
- jointly by the employers and their employees, or
- by a union, if a majority of the employees to be covered want to be covered.
The Fair Work Commission must approve the variation.
To find out how to join the agreement, visit the Fair Work Commission website.
Individual flexibility arrangements
An individual flexibility arrangement, or IFA, is a formal written agreement between an employer and an individual employee.
An IFA varies the effect of an award or enterprise agreement on an individual basis to meet the genuine needs of the employer and employee.
Existing workplace instruments that are not compliant with the conditions of the worker retention payment may be made compliant through an IFA.
The FWO provides information about individual flexibility arrangements.
State industrial instruments
A state industrial instrument is an award, enterprise agreement, or another type of agreement under state or territory industrial law.
To find out more or get help, contact your state or territory’s:
- Industrial Relations Commission
- Employment Tribunal.
Awards
Awards set out the minimum pay rates and conditions of employment in a specific industry.
There are 2 primary modern awards that cover the ECEC workforce:
- Children’s Services Award 2010, which covers educators
- Educational Services (Teachers) Award 2020, which covers early childhood teachers.
Every year, the Fair Work Commission (FWC) reviews the minimum rates of pay in modern awards to decide if they should be increased. This is the annual wage review.
The FWC is currently undertaking a process to examine five modern awards, including the Children’s Services Award 2010. This is the gender undervaluation priority awards review.
The Fair Work Ombudsman (FWO) provides more information about awards.
Awards alone do not meet the conditions of the worker retention payment. Awards may be made compliant through:
- making an enterprise agreement to apply instead of the award,
- or an IFA.
Useful resources
Fair Work Ombudsman
FWO provides education, assistance, advice and guidance to employers and employees. It also promotes and monitors compliance with workplace laws.
Awards
FWO has more information about awards.
Agreements
The FWO provides more information about enterprise agreements and bargaining.
Individual flexibility arrangements
The FWO provides more information about IFAs.
Guide to starting a new job
This FWO course provides general guidance about starting a new job.
Contact the FWO
Find out how to contact the FWO.
Fair Work Commission
The FWC is the national workplace relations tribunal and unions regulator.
ECEC supported bargaining agreement
Find out how to join the ECEC supported bargaining agreement.
Process to make an enterprise agreement
Steps and timelines for employers, representatives and employees to follow to make an enterprise agreement.
Video: Understanding employee pay and entitlements
Most employers and employees in Australia are covered by the Fair Work system. This system sets and protects an employee’s minimum pay and entitlements. This video explains where pay rates and entitlements come from, how they interact, and the role of the two Fair Work agencies.
Video: Understanding enterprise agreements
Employers and employees in Australia’s Fair Work system can tailor pay and entitlements to suit their workplace by making an enterprise agreement. This video explains what an enterprise agreement is and how they are made.
Video: Understanding bargaining
Enterprise bargaining is a formal process that involves employers, employees and their representatives working together to make an enterprise agreement. This video explains the 3 key stages in a good bargaining process, and requirements for bargaining in the Fair Work system.
Fair Work Commission Online Learning Portal
The FWC Online Learning Portal offers a growing catalogue of online learning modules about key workplace topics, including a two-part series on interest-based bargaining.
Contact the FWC
Find out how to contact the FWC.
Employer organisation
If you are a member of an employer organisation you can also seek their advice.