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Clerks - Private Sector Award 2020 - Work from home case
Introduction – AM2020/98 and AM2020/105
In a decision dated 6 October 2020 ([2020] FWCFB 5199) a Full Bench of the Commission in matter AM2020/95 granted an application by the Australian Industry Group and the Australian Chamber of Commerce and Industry to extend the operation of Schedule I–Award flexibility during the COVID-19 pandemic in the Clerks - Private Sector Award 2020.
In this decision, the Commission noted there is a need to consider if it is necessary to vary the Clerks Award to provide more enduring means of facilitating agreed working from home arrangements.
The Commission also proposed conducting a survey of employers to address an evidentiary gap regarding the incidence of working from home arrangements amongst employees covered by the Clerks Award and the extent to which the flexibility provided by Schedule I has been utilised. A draft survey has been published.
This matter AM2020/98 deals with further variations to the Clerks Award in relation to flexible work. A related application AM2020/105 has been made by the Australian Industry Group and the Australian Chamber of Commerce. Related documents will be posted on this page.
Please direct any submissions or inquiries to amod@fwc.gov.au – further information for parties is available.
Decisions & statements
| Document title | Link and reference | Date issued |
|---|---|---|
| Decision - AM2020/98 | [2021] FWCFB 3653 | 24 Jun 2021 |
| Statement - amended directions | [2021] FWCFB 3251 | 7 Jun 2021 |
| Statement - provisional view | [2021] FWCFB 2827 | 18 May 2021 |
| Statement - request case AM2020/98 be discontinued | [2021] FWCFB 2326 | 29 Apr 2021 |
| Statement - future programming in AM2020/98 | [2021] FWC 914 | 19 Feb 2021 |
| Statement - survey analysis | [2021] FWC 703 | 11 Feb 2021 |
| Decision - AM2020/105 | [2020] FWCFB 6985 | 22 Dec 2020 |
| Statement - provisional view in AM2020/105 | [2020] FWCFB 6892 | 18 Dec 2020 |
| Statement - research to be published | [2020] FWC 6339 | 26 Nov 2020 |
| Decision provisional view confirmed - survey and research materials | [2020] FWCFB 6208 | 20 Nov 2020 |
| Decision - extension of Schedule I to 29 March 2021. | [2020] FWCFB 6078 | 13 Nov 2020 |
| Statement - provisional view | [2020] FWCFB 5999 | 10 Nov 2020 |
| Decision - AM2020/95 | [2020] FWCFB 5199 | 6 Oct 2020 |
Determinations
| Document title | Link and reference | Date issued |
|---|---|---|
| Determination (see [2021] FWCFB 3653) | PR731091 | 28 Jun 2021 |
| Determination (see [2020] FWCFB 6985) | PR725755 | 22 Dec 2020 |
| Determination (see [2020] FWCFB 6078) | PR724498 | 13 Nov 2020 |
Notices of listing & directions
| Description | Date of hearing or conference | Date published |
|---|---|---|
| Notice of listing - cancelled in decision [2021] FWCFB 3653 | 25 June 2021 | 21 Jun 2021 |
| Notice of listing - cancelled | 18 June 2021 | 17 May 2021 |
| Notice of listing - cancelled | 21 May 2021 | 14 May 2021 |
| Notice of listing - cancelled | 12 Apr 2021 | 12 Apr 2021 |
| Notice of listing - amended | 17 Dec 2020 | 2 Dec 2020 |
| Notice of listing | 18 Nov 2020 | 10 Nov 2020 |
Submissions
|
Party |
Document description | Document date | Date published |
|---|---|---|---|
| HR Central | Submission | 14 May 2021 | 14 May 2021 |
| HR with Ease | Submission | 29 ApR 2021 | 30 Apr 2021 |
Correspondence
|
Party |
Document description | Document date | Date published |
|---|---|---|---|
| HR Central | AM2020/98 - submission deadline | 4 Jun 2021 | 8 Jun 2021 |
| Australian Council of Trade Unions and others | AM2020/98 - discontinue proceedings | 11 Apr 2021 | 12 Apr 2021 |
| Australian Council of Trade Unions and others | AM2020/98 - conference rescheduled | 31 Mar 2021 | 31 Mar 2021 |
| Australian Industry Group and others | AM2020/98 - timetable | 18 Feb 2021 | 19 Feb 2021 |
| Australian Industry Group and others | AM2020/98 - timetable | 2 Dec 2020 | 2 Dec 2020 |
| Australian Industry Group and Australian Chamber of Commerce and Industry | AM2020/98 - amended survey | 18 Nov 2020 | 18 Nov 2020 |
Transcript
| Description | Date published |
|---|---|
| Transcript of conference on 17 December 2020 | 17 Dec 2020 |
| Transcript of conference on 18 November 2020 | 19 Nov 2020 |
Research
| Document title | Organisation/author | Document date | Date uploaded |
|---|---|---|---|
| Research reference list - Working from home - updated | Fair Work Commission | Jun 2021 | 23 Jun 2021 |
| Survey analysis for the Clerks - Private Sector Award 2020 - Work from home case | Fair Work Commission | Feb 2021 | 11 Feb 2021 |
| AM2020/98 - Research report - preferences for flexible working arrangements | Professor Marian Baird AO and Daniel Dinale | 30 Nov 2020 | 30 Nov 2020 |
| Key working from home trends emerging from COVID-19 | Swinburne University of Technology | 24 Nov 2020 | 26 Nov 2020 |
Applications
| Party | Description | Document date | Date published |
|---|---|---|---|
| Australian Industry Group and Australian Chamber of Commerce and Industry | AM2020/105 - application, draft determination and grounds | 17 Dec 2020 | 18 Dec 2020 |
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Updated time
Last updated
28 June 2021
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