Temporary COVID-19 Variations to Clerks - Private Sector Award extended

On 30 June 2020 the Fair Work Commission varied Schedule I of the Clerks - Private Sector Award 2020 (Award).

In summary:
The amended Schedule I will now operate until 30 September 2020;

- Any direction or request given under Schedule I must be in writing, and will not apply if unreasonable and unless the employee is advised that the employer consents to a dispute being settled by the Fair Work Commission;

- Part-time and casual employees must now be rostered for a minimum of 3 consecutive hours;

- Ordinary hours of work for employees working at home are now from 6:00am to 10:00pm Monday to Friday, and between 7:00am and 12:30pm Saturdays;

- An agreed temporary reduction in ordinary hours will only apply where the employer implemented the temporary reduction before 30 June 2020, and employees who had their hours reduced may request the employer conduct a further vote to confirm the ongoing reduction;

- Employers can no longer direct an employee to take annual leave under Schedule I, but instead may request an employee take annual leave (which must commence before 30 September 2020), and an employee cannot unreasonably refuse. Such a request must be attributable to the COVID-19 pandemic or Government initiatives to slow the spread of COVID-19. [Note an employee may be able to direct an employee to take excessive annual leave under clause 32 of the Award];

- Employers and individual employees may agree to take up to twice as much annual leave paid at a proportionately reduced rate.

Disclaimer: This summary is a guide only and is not legal advice. For more information on Covid19 Award variations, call NECA Legal (WA) Pty Ltd on 6241 6129 or email necalegalwa@ecawa.org.au