Skip to content Skip to footer

A staffing loophole that allowed unsafe understaffing in early education and care has been closed by the Albanese Labor Government – a win for educators who campaigned vigorously for the change.

The loophole, occurring through misuse of the so-called “Under The Roof Ratio”, was highlighted in a survey of thousands of educators last year, with 83 per cent agreeing the practice compromised the safety and wellbeing of children.

The same survey found 77 per cent of educators reported being understaffed in their rooms on a weekly basis, often due to misuse of the staffing loophole.

United Workers Union welcomes today’s statement by Education Minister Jason Clare and Jess Walsh – both for recognising the impact of the staffing loophole, and ending the resulting unsafe staffing practices.

“It is great to see written in black-and-white that bad business practices – such as using under the roof ratios to mask understaffing issues – are simply not to be tolerated by regulators, families and educators,” United Workers Union National President Jo Schofield said today.

“This is a welcome step from Australia’s Education Ministers to address unsafe staffing levels created by misuse of this loophole.

“As the Ministers note, these business decisions are putting the safety of children at risk, and some providers have been gaming the system.

“Our members were happy to blow the whistle on this practice; more than 1200 members lobbied Australian Children’s Education & Care Quality Authority last year with messages about why the loophole needed to be closed.

“It is also promising to see that the ministers have gone further than the report’s recommendations, showing they have listened to workers’ concerns.

“Members will be only too happy to help ensure that the new approach – enshrined in the existing quality framework and to be further clarified by ACECQA and changes to laws – is introduced and implemented as quickly and as widely as possible.

“Our members will also be supporting further improvements to ensure quality and safety of children’s education and care, including going above and beyond ratios to a legally enforceable standard of ‘adequate supervision’.

“When added together, these steps will address rampant understaffing that regulators previously turned a blind eye to because providers were able to say ‘under-the-roof ratios’.”

On a new national registration system for early childhood and education workers:

“United Workers Union members strongly support a national registration system as a key measure to address safety issues in early childhood education and care.”

On mandatory safety training for early childhood educators:

“Members are always prepared to put the safety of children first, and see this training as another important safeguard to protect children.”

UWU acknowledges that we meet and work on the unceded lands of First Nations peoples.
We wish to pay respect to their Elders — past and present — and acknowledge the important role all First Nations peoples continue to play within Australia and in our union.

Our website is hosted on 100% carbon neutral servers in Naarm (Melbourne). The United Workers Union is committed to creating the secure & future-proof jobs workers and their communities need as our country continues to transition to a net zero economy.

© United Workers Union 2026. All Rights Reserved.

Authorised by T. Kennedy, United Workers Union, 833 Bourke St, Docklands, VIC 3008

To become a United Workers Union member, and get help at work:

Join UWU to get help at work

call (02) 8204 3001

For media enquiries, please contact:

call 1300 898 633

email [email protected]

see our latest News