(Applicant) v Queensland Council of Parents and Citizens' Associations trading as Parents' and Citizens Associations Queensland

Declaration of General Ruling (State Wage Case 2025) (No 2) [2025] QIRC 230

Re: Variation of the Parents and Citizens Associations Award - State 2016 [2025] QIRC 077

Re: Variation of the Parents and Citizens Associations Award - State 2016 [2025] QIRC 287

[1] United Workers Union, Industrial Union of Employees, Queensland ('UWU') applied to the Queensland Industrial Relations Commission ('the Commission') on 27 November 2025 to vary the Parents' and Citizens' Associations Award - State 2016 ('the Award') to give effect to clause (c) ii of Schedule 9 to adjust specified minimum hourly amounts contained within tables 1 and 2 of the Schedule by 5% effective from 1 December 2025.

• [2] The Queensland Council of Parents and Citizens Associations ('P&C's Queensland') is the Respondent, and the application is made by consent. Neither party sought to make further submissions in relation to this application.
• [3] Section 147 of the Industrial Relations Act 2016 (Qld) ('the Act') sets out the power of the Commission to make or vary modern awards, providing that:

(1) The commission may do either of the following to provide for fair and just employment conditions -

(a) make a modern award;

(b) make an order varying a modern award.

(2) The commission may exercise a power under this section -

(a) on its own initiative; or

(b) on the application of any of the following persons -

(i) the Minister;

(ii) an organisation;

(iii) an Employer;

(iv) an employee; or

(c) on a review of a modern award under part 5.[1]

• [4] The Award applies to all employees who are employed in an activity conducted by a Parents and Citizens Association within Queensland; and whose rates of pay are fixed by the Award. This application only impacts those employees engaged under the Outside School Hours Care ('OSHC') and Vacation Care Stream of the Award.
• [5] On 20 March 2025 the Commission ordered a variation of the Award to enable Queensland Parents and Citizens Associations to be eligible to apply for funding under the Commonwealth Government ECEC Worker Retention Payment Scheme to lift wages of OSHC employees.[2] To be eligible, an employer must engage its workforce under a legally enforceable workplace instrument (such as a state based modern award) which includes an obligation to pay their eligible workers rates under the grant scheme terms while they receive that funding. The required provisions were inserted into the Award as Schedule 9.[3]
• [6] On 24 September 2025, following the Queensland State Wage decision of the Full Bench,[4] which ordered all state awards be varied by a wage increase of 3.5% for full-time adult employees from 1 September 2025, the wage rates in clause 12 of the Award and consequentially, those contained within Schedule 9 were updated in accordance with the Order. The varied Award was published on 24 September 2025.
• [7] Following publication, a small number of errors in the payrates contained in tables 1 and 2 of Schedule 9 were identified and rectified by Order of the Commission in Re: Variation of the Parents and Citizens' Associations Award - State 2016 to ensure that P&C's who were in receipt of the Worker Retention Payment Grant were continuing to pay employees in accordance with the terms of the Grant.[5]
• [8] The present application is primarily to make operative a further mandated increase of 5% to particular rates of pay contained within the Schedule. The application to vary the tables to reflect this increase is to ensure the Schedule contains the new minimum hourly amounts effective from 1 December 2025.
• [9] The application also seeks to make consequential changes to the headings of the columns in the tables to reflect new effective dates and to clause (c) ii of the Schedule.

• [10] The specific amendments sought were detailed by the Applicant in a proposed consent order. The variation is proposed to apply from 1 December 2025 consistent with the requirements of the Schedule and grant scheme.
• [11] The specific classifications and headings within tables 1 and 2 of Schedule 9 are proposed to be amended as follows:

• [12] The following amendment is also proposed to clause (c) ii -

• [13] Section 141 of the Act provides:

141 General Requirements for commission exercising powers

(1) In exercising its powers under this chapter, the commission must ensure a modern award -

(a) provides for fair and just wages and employment conditions that are at least as favourable as the Queensland Employment Standards; and

(b) generally reflects the prevailing employment conditions of employees covered, or to be covered, by the award.

(2) For subsection (1), the commission must have regard to the following -

(a) relative living standards and the needs of low-paid employees;

(b) the need to promote social inclusion through increased workforce participation;

(c) the need to promote flexible modern work practices and the efficient and productive performance of work;

(d) the need to ensure equal remuneration for work of equal or comparable value;

(e) the need to provide penalty rates for employees who -

(ii) work unsocial, irregular or unpredictable hours; or

(f) the efficiency and effectiveness of the economy, including productivity, inflation and the desirability of achieving a high level of employment.

• [14] Pursuant to s 141(1)(a) and (b),[6] varying the Award to operationalise the required increase of 5% within the wages tables in Schedule 9 ensures ongoing consistency with the requirements of the federal grant scheme to ensure those in receipt of grant funding remain compliant and those still seeking grant funding meet the eligibility requirements. Backdating the variation to 1 December 2025 reflects the existing provision and grant scheme requirements.
• [15] The amendments to the headings are proposed to ensure clarity regarding operative dates of the rates within the columns contained within tables 1 and 2. The addition in column 6 of the words "(the higher of Column 3 + Column 5 or Column 4 + Column 5)" in both tables make clear the existing provision of the Schedule that the higher rate is to apply.
• [16] The amendment to clause (c) reflects that the operation of subclause (c) ii is partially exhausted by the granting of this application. The 5% increase was the last phase of a total 15% adjustment over a two-year period by reference to minimum rates of pay provided for in the Children's Services Award 2010. The proposed wording is to make clear that the 15% is exclusive of any increase to those award rates as a result of the Fair Work Commission Annual Wage Review that occurs prior to scheduled expiry of the scheme on 30 November 2026.[7] This foreshadows a requirement to further amend the Schedule as a consequence of any such increase.

• [17] The original decision to insert Schedule 9 into the Award was to enable access to federal government funding to increase wages of eligible workers in the Queensland industrial relations system. I found this was consistent with the requirement for the Award to generally reflect prevailing conditions in a sector and inter alia to consider the needs of low paid workers and issues of gender undervaluation. Inserting the Schedule into the Award was the most effective way to create a level playing field across all eligible services run by P&C Associations. Additional payments required by the Schedule would only be payable to eligible employees during the period their employer was receiving grant funding for those employees.
• [18] Amending the Schedule to ensure the wages tables are clear and current while the scheme continues to operate remains the most effective and appropriate way to enable access to the funding scheme and foster compliance. Even though this approach requires additional work for the parties (and the Commission) to maintain and update the Schedule, it should also ensure a more consistent understanding and application of the Schedule thereby reducing misunderstanding and disagreement.
• [19] The application is granted in terms of the order by consent in Schedule 1. The variation is effective from 1 December 2025.
• [20] I order accordingly.

1. The Application is granted.
2. That the Parents and Citizens Associations Award - State 2016 be varied in the terms set out in the Orders as outlined in Schedule 1 of this decision.
3. The variation to Schedule 9 of the Award operates from 1 December 2025.

(a) The Commonwealth Government has introduced the Worker Retention Payment grant scheme to support a 15% wage increase for eligible ECEC workers over a two-year period (2 December 2024 to 30 November 2026), by reference to the minimum rates of pay provided for in the federal Children's Services Award 2010.

(b) To be eligible to participate in the Worker Retention Payment grant scheme, eligible ECEC workers must be engaged under a legally enforceable workplace instrument that includes an obligation on the Employer to pay the eligible ECEC workers at the minimum rates prescribed by the Worker Retention Payment grant scheme's terms.

(c) The purpose of this Schedule 9 is to place an obligation on Employers of eligible ECEC workers, to pay their ECEC workers the minimum rates of pay prescribed by the Worker Retention Payment grant scheme's terms, during the period the Employer is in receipt of Worker Retention Payments.

(d) No obligation arises to pay eligible ECEC workers the minimum rates of pay prescribed in this schedule during any period the Employer is not in receipt of Worker Retention Payments for that eligible ECEC worker. In these circumstances the eligible ECEC worker will be paid solely in accordance with clause 12.4(d) of the Award.

This Schedule 9, and the obligations provided under it, are to take effect from 2 December 2024 and conclude on 30 November 2026.

• Award means the Parents and Citizens Associations Award - State 2016.

• eligible ECEC workers means employees whose positions are covered by the classifications defined in Schedule 4 (Position Descriptors - Outside School Hours Care (OSHC) and Vacation Care Stream), but whose duties are otherwise also consistent with the classifications covered by Children's Services Award 2010.

• Employer means a P&C Association which employs eligible ECEC workers and which has been approved by the Commonwealth Government to receive grant funding for a Worker Retention Payment.

• Worker Retention Payment means the Commonwealth Government's Early Childhood Education and Care (ECEC) worker retention payment to support a wage increase for all eligible ECEC workers, or any successor to that scheme.

(a) In addition to their entitlement to payment of the minimum wages prescribed in clause 12.4(d) of this Award, eligible ECEC Workers will also be entitled to receive the additional minimum hourly rate prescribed in Column 5 of the below table, during the period their Employer is in receipt of grant funding for a Worker Retention Payment with respect to that worker, including any backdating period.

1. Column 3 in the below table is the minimum hourly rate payable to eligible ECEC workers under clause 12.4(d) of the Award.

1. Column 4 in the below table sets out the minimum rates of pay that must be paid to all eligible ECEC workers, who are employed by National System Employers, under the Children's Services Award 2010, mapped against their corresponding classifications under the Award.

1. Column 5 is the difference between the current minimum hourly rate under the Children's Services Award 2010 and the new hourly rate required to be specified in the workplace instrument to become eligible for funding. This is the minimum additional hourly amount that all eligible ECEC workers who are covered by this Award are entitled to receive during the period their Employer is receiving grant funding for a Worker Retention Payment with respect to the worker.

1. Column 6 is the new minimum hourly rate for eligible ECEC workers who are covered by this Award during the period their Employer is receiving grant funding for a Worker Retention Payment with respect to the worker.

(c) The rates as set out in the tables will be increased:

1. In regard to Column 4, by any increase in the award rates for each classification under the Children's Services Award 2010; and

1. In regard to Column 5, by an additional 15% above the relevant minimum hourly rates set out in Column 4, which will be in addition to any increase in the Children's Services Award 2010 rates as a result of the Annual Wage Review of the Fair Work Commission.

Current P&C Award minimum hourly rate from 1 September 2025*

Additional CS Award minimum hourly amount payable to staff 1 December 2025 - 30 Nov 2026**

New P&C Award Rate 1 December 2025- 30 November 2026 (the higher of Column 3 + Column 5 or Column 4 + Column 5)

Coordinator/Director/Assistant Manager - Level 3

* Junior employees employed as or undertaking duties equivalent to Children's Services Employees Level 3, 4 and 5 must be paid at or above the applicable adult rate stipulated above. Junior employees employed as or undertaking duties equivalent to Children's Services Employee Level 1 or Employee Level 2 must be paid at or above the applicable junior rate in accordance with the Award (the higher of the P&C Award or Children's Servies Award) plus the amount specified in Column 5 which is 10% of the adult rate.

**Where the current P&C Association Award Rate (Column 3) is below the equivalent Children's Services Award Rate (column 4) the Employer must pay the higher of those two rates. The Employer is responsible for the gap between the current P&C Award rate and the CS Award rate where the CS Award rate is higher.

Current P&C Award minimum hourly rate from 1 September 2025*

Additional CS Award minimum hourly amount payable to staff 1 December 2025 - 30 Nov 2026**

New P&C Award Rate 1 December 2025- 30 November 2026 (the higher of Column 3 + Column 5 or Column 4 + Column 5)

[1] Industrial Relations Act 2016 (Qld) s 147.

[2] Re: Variation of the Parents and Citizens Associations Award - State 2016 [2025] QIRC 077.

[3] Schedule 9 was inserted into the Award following extensive conferencing between the parties and relevant stakeholders. The amended application was Heard by the Commission on 11 March 2025: see Re: variation of the Parents and Citizens Associations Award - State 2016 [2025] QIRC 077.

[4] Declaration of General Ruling (State Wage Case 2025) (No 2) [2025] QIRC 230.

[6] Industrial Relations Act 2016 (Qld).

[7] Consistent with the provisions of the Schedule set out in (b).