Pro rata payment of salary inclusive of annual leave

In a recent decision, the Fair Work Commission (FWC) confirmed that ad hoc changes to teachers’ employed hours during the year constitute a variation for the purposes of applying the formula for ‘pro rata payment of salary inclusive of annual leave’ contained in the Educational Services (Teachers) Award 2020 and many enterprise agreements based on that award.

The approach confirmed by the FWC reflects that adopted by CCSA and which is laid out in the annual Christmas Pay Guide.  Irrespective of the number of hours involved, services should take care to apply the formula in determining the entitlements of preschool teachers over the Christmas vacation period. 

This will be even more important over the 2021/22 Christmas break with the commencement of the new teacher classification and pay levels.  Full details of the required approach will be provided in an update to the Christmas Pay Guide to be issued in November 2021.