Clerks Private Sector Award Changes: A Guide for Businesses
Fair Work recently changed the Clerks – Private Sector Modern Award. These updates help businesses navigate the unique challenges of the COVID-19 pandemic.
Flexible Staff Duties Under Clerks Private Sector Award Changes
One major temporary change allows employers to assign new tasks to their staff. Until 30 June 2020, you can direct employees to perform any task within their skill level. This includes duties typically done by lower-level staff. However, the tasks must remain safe. The employee must also be qualified to perform them.
During this period, you cannot reasonably refuse an employee’s request to find additional work elsewhere. You must also consider all reasonable requests for training, professional development, or study leave.
Temporary Reductions in Working Hours
A significant amendment involves reducing staff hours. If 75% of your full-time and part-time staff vote for it, the business can operate at a reduced capacity. You must notify any relevant Unions or the Fair Work Commission of this change.
Key rules for the vote include:
- The reduction cannot exceed 25% of total hours.
- The employee’s hourly pay rate must stay the same.
- Full-time staff (5 days) can reduce to 4 days per week.
- Part-time staff (5 days) can reduce to 3 days per week.
Note that if you operate under multiple awards, such as the Call Centre Award, these specific Clerks Private Sector Award changes only apply to staff under the Clerks Award.
Working From Home and Leave Flexibility
Many employees now work from home to balance their lives during this stressful time. You can change the “spread of hours” by mutual agreement:
- Full-time Span: Monday to Friday (6 am to 11 pm) and Saturday (7 am to 12:30 pm).
- Working from Home Minimums: Part-time and casual staff now have a 2-hour minimum shift (down from 3 hours).
- Annual Leave: You and your employee can agree to take annual leave at half pay for twice the duration.
- Directing Leave: Employers can direct staff to take accrued leave with one week’s notice. The employee must keep at least two weeks of leave in their balance.
If your business faces a close-down, you can direct employees to take all their annual leave. If they run out of leave, they will transition to leave without pay.
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