Application to vary the Clerks – Private Sector Award 2010 – COVID-19

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AM2020/10 Joint application

A joint application has been made by the Australian Chamber of Commerce and Industry and the Australian Industry Group for the variation of the Clerks – Private Sector Award 2010 under section 157 of the Fair Work Act 2009.

Joint application – dated 24 March 2020

On 28 March 2020, the Fair Work Commission granted the joint application and varied the Clerks Award to include a new schedule called Schedule I - Award flexibility during the COVID-19 Pandemic.

Under the new schedule:

"An employer and the full-time and part-time employees in a workplace or section of a workplace, may agree to temporarily reduce ordinary hours of work for the employees in the workplace or section for a specified period while Schedule I is in operation."

"At least 75% of the full-time and part-time employees in the relevant workplace or section must approve any agreement to temporarily reduce ordinary hours."

If an employer proposes to conduct a vote under the schedule, they are required to notify the Fair Work Commission by emailing clerksaward@fwc.gov.au.

The employer is also required to provide to the Commission the work email addresses of the employees who will be participating in the vote. The Commission will then distribute an information sheet to the employees prior to the vote.

Employers should use the contact template to provide the email addresses required. The list should be emailed to clerksaward@fwc.gov.au.

An employer and an employee can also reach an individual agreement (in writing) about a reduction in hours under the new schedule. In these circumstances the employer is not required to notify the Commission.

Please direct any enquiries to amod@fwc.gov.au.