Supporting the independent education community

Legal developments

For those colleges without an enterprise agreement (EA), the prevailing industrial instrument is the Educational Services (Post-Secondary Education) Award 2010, which applies to all staff in private colleges.


Salary rates in this and other awards are adjusted up annually in line with the Fair Work Commission’s (FWC) minimum wage review. The increase (effective from 1 July) for 2018 was 3.5%.


Over the last few years, the FWC has also been working through a review of all awards. Your Union has made some submissions around this, including the abolition of the daily casual rate, notice for casuals, and casual conversion. Progress has been slow, but hopefully we will see some changes in the not too distant future.


In recent months, the FWC has brought down a ruling around casual employees. Previously it was thought that casuals did not receive any paid leave. However, this decision creates an opening for some casuals to receive paid annual leave, where it can be demonstrated that they have worked in a "regular and systematic" manner. Your Union is still working through the ramifications of this decision, and we will have more to say about its application to ELICOS in due course.