Workplace instruments, awards and supported bargaining

Information for early childhood education and care (ECEC) providers about awards, workplace instruments and supported bargaining.

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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. Search our directory to get help preparing a workplace instrument.

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.

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 individual flexibility arrangement. 

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.  

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 FWC must approve the variation.

The FWC is processing applications on a monthly schedule.

Each month, the FWC will publish one decision that covers all  applications received before the cut-off date for that month. Applications received after the cut-off date will be considered in the next month's decision.

To find out how to join the agreement and see the cut-off dates, visit the Fair Work Commission website.

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.  

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.

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. 

The FWO provides more information about awards.

Every year, the FWC reviews the minimum rates of pay in modern awards to decide if they should be increased. This is the annual wage review.

On 10 December 2025, the Expert Panel for pay equity in the care and community sector issued its decision in relation to the Children's Services Award 2010 with an operative date of 1 March 2026. To find out more, visit the Fair Work Commission website.

The worker retention payment has been designed to account for the final outcomes of the review. Specifically, as each classification under the Children’s Services Award 2010 is due to increase by less than the amount provided by the worker retention payment, the amount you must pay above award will reduce by an amount equivalent to the award increase. For example, if the award increases by 5%, you will still need to pay 10% above the award until 30 November 2026.

The priority awards review will not impact the Educational Services (Teachers) Award 2020.

Resources

Fair Work Ombudsman

The FWO provides education, assistance, advice and guidance to employers and employees. It also promotes and monitors compliance with workplace laws:

Fair Work Commission

The FWC is the national workplace relations tribunal and unions regulator:

Employer organisation

If you are a member of an employer organisation you can also seek their advice.