Wages For Diploma Through Traineeship

[reyrey]

I currently hold no qualifications but I am in the process of studying my Diploma (CHC50113).

I am currently being paid $20.21 an hour under the National Training Wage Schedule according to the Children's Service Award. However, if you read the award closely, it says the National Training Wage Schedule only applies to those undertaking a AQF Certificate Level I-III traineeship. My understanding of this is that since I am studying a Diploma level qualification, my pay rate should then come from Schedule D of the award (Classification Structure where you are paid according to any qualifications and work you do).

Being a little unsure I eventually contacted Fairwork about the matter and they sent me a detailed reply back basically saying that my understanding is correct.

"The National Training Wage Schedule set out in Schedule D of the award would not apply to you as it does not include trainees studying for a diploma."

"Your classification and wage should then come from Schedule B - Classification Structure of the award, and you would be paid according to the work you perform and the qualification which you currently hold. You may be classified as Level 4.A, if you perform the duties of a level 4 employee but have not yet obtained the qualifications of a Level 4."

If Fairwork are right, then this means my employer has been underpaying me for the past 2 years! At the moment they are paying me according to the National Training Wage but as a lead eductor of 2+ years, I should be classified as a Level 4.A2 employee and my hourly pay rate should be $22.60 - NOT $20.21. I have yet to bring this up with my employer as I want all the facts first and need to cover any possible loopholes they may try to find. But basically if they have been paying me incorrectly then I am entitled to thousands of dollars in back pay.

So I am wondering what other trainees studying their Diploma are being paid. Do you have a Cert III or are you unqualified? What hourly rate are you on?

[Lorina]

You're right! Even if you are a Diploma trainee, working as a room leader you should be paid at Level 4A. Since you have contacted Fair Work about this, with this information in hand, your employer shouldn't be able to find any loop holes for not paying you the right amount. Make sure that you mention that you contacted Fair Work about this issue and tell them what they said and see what they say.

Also, did you sign a contract with your Diploma traineeship?
Have you been working as a room leader since the beginning of your Diploma traineeship?
How much of your Diploma qualification have you completed? Have you finished the Cert 3 components?

,
Lorina

[Lorina]

If you signed a contract it may be the loophole... but not to worry just talk to them and see what they say!

,
Lorina

[reyrey]

Thanks for your response and advice! I'm very grateful for this site because it's helped me a lot in trying to figure everything out.

I signed a training contract but it did not stipulate how much I would be getting paid or anything like that. I began working for my employer as an assistant/float on something like $14 an hour. When I got the role as room leader I had a brief, informal meeting with the director and she told me that my pay would increase to $17 because of all the extra duties & responsibility I now had. But I never signed anything! Since then it's gone up a little each year to the amount it is now.

As for my Diploma I have completed about 3/4 of it and have finished nearly all of the Cert 3 components. A while ago I asked my employer if my pay rate would go up after completing the Cert 3 units and they said no, that I would only receive a qualified rate once I have completed the entire course. They said that because I wouldn't receive an actual certificate from my training provider, then they aren't required to pay me a higher rate because I had "nothing to show for it".

[Lorina]

Hmmm... Interesting...

I enquired to Fair Work about another issue and they stated that once you had completed your cert 3 components of the Diploma qualification then you are a cert 3 qualified educator and be paid as such... As for the certificate as long as you get a letter from your course provider stating the cert 3 units you had completed e.g. transcript, then that can be used as evidence of completing your cert 3 qualification.

It's good that you don't have anything written in the contract because your centre could turn around and say that you signed a contract and that covers them etc. If your centre doesn't want to resolve the issue you could always contact Fair Work and they can back you up. Let's hope it doesn't have to get to that point!

I think Fair Work should have like a "childcare representative" that goes around each centre and checks that all educators are being paid what they should! I would do it! So many educators are being paid less then the award and they don't realise it and centres are getting away with it!

Hope your discussion on this issue goes well with your director!

,
Lorina

[reyrey]

My trainer also said that my employer would have to pay me the qualified Cert 3 rate once all of those components are done. When I asked my director about this she basically said no, that a transcript does not require them to pay me a qualified Cert 3 rate because my course is a Diploma and I will only be paid a qualified rate once I have finished all of the units and have a certificate to show for it. They told me this while I was still working as an assistant, but now that I am working as a lead educator I don't think it would apply to me anymore as I should be classified as a Level 4.A employee which has a higher pay rate than a Cert 3 level employee.

I found something interesting after looking on Fairwork about contracts. It states: "A contract can’t make employees worse off than their minimum legal entitlements. This means that the entitlements in the award that applies to them, and the entitlements in the NES, keep applying, even if they sign a contract that gives them less." So even if I did sign a contract I'm not sure they would be able to use it against me!

That's not such a bad idea! It would certainly cause a lot less hassle and make things clearer for both the employer and staff. Thank you for your help. I will be contacting my director about the issue sometime soon, and will keep this thread updated with any info and progress.

[Lorina]

It's good you're finding out all this information because it just makes your issue stronger... It's never too late to make sure your getting the right amount...

,
Lorina