Changes to the Clerks - Private Sector Award 2010

The Clerks - Private Sector Award 2010 has now been completely replaced with the new Clerks - Private Sector Award 2020 (Award). While most of the changes are minor and are mainly a re-drafting of the existing terms and placing wages in easy to reference tables, there is now a clause identifying provisions allowing agreement between an employer and an individual employee or the majority of employees, on how specific Award provisions will apply in the workplace.

More importantly, annualised salaries are now confined to full-time employees only, effective from 29 May 2020.  As such, if any employers have part-time administration employees on an annualised salary, this must be changed to an hourly rate. As before, an employer and employee can agree to vary the Award in relation to when work is performed, overtime, penalty rates, allowances or leave loading by way of an Individual Flexibility Agreement provided such an arrangement is compliant with the Award provisions.

NECA Legal (WA) Pty Ltd can assist NECA members in drafting an Individual Flexibility Agreement for administration employees and members should contact NECA Legal (WA) Pty Ltd if they have any questions in relation to the changes.

Disclaimer: This summary is a guide only and is not legal advice. For more information on employers’ obligations, call NECA Legal (WA) Pty Ltd on 6241 6129 or email necalegalwa@ecawa.org.au