Clerks – Private Sector Award Guide [MA000002]

Clerks – Private Sector Award Guide [MA000002]

Table of content

  1. What is Clerks – Private Sector Award?
  2. Who is entitled to Clerks – Private Sector Award?
  3. Types of employment
  4. How is the shiftwork arranged in Clerks – Private Sector Award?
  5. How are wages and allowances calculated in the Clerks – Private Sector Award?
  6. How is the leave managed in Clerks – Private Sector Award?
  7. How can Workstem assist you?

This blog is only the summary of the Clerks – Private Sector Award. Please check the full version on Fair Work Clerks – Private Sector Award [MA000002].

What is Clerks – Private Sector Award?

Award is an industrial instrument that sets out the minimum terms and conditions of employment for a group of employees in a particular industry or occupation.

The Clerks – Private Sector Award ensures that clerical employees are provided with fair and consistent minimum standards and protections in their workplace, promoting fair working conditions and employment practices within the private sector.

Who is entitled to Clerks – Private Sector Award?

Coverage

The Clerks Award covers employees who mainly carry out clerical and administrative work and their employers in the private sector.

Clerical and administrative work means:

  • filing and photocopying
  • typing and word processing
  • managing accounts, invoices and orders
  • billing clients and customers
  • maintaining records and journals, including payroll
  • answering calls
  • cash handling
  • operating a telephone switchboard
  • attending a reception desk
  • secretarial and executive support services

Types of employment

An employee covered by this award must be one of the following:

  • a full-time employee (An employee who is engaged to work an average of 38 hours per week.);or
  • a part-time employee (An employee who is engaged to work fewer than 38 hours per week on a regular basis.);or
  • a casual employee (An employee who is engaged on an irregular or intermittent basis, with no expectation of ongoing employment.).

How is the shiftwork arranged in Clerks – Private Sector Award?

Regarding hours of work, the award establishes standard working hours and provides guidelines for shiftwork, break, etc.

Hours of Work

The maximum number of ordinary hours that can be worked in a week is:

  • an average of 38 hours over a 4 week period; or
  • an average of 38 hours over a roster period, not exceeding 12 months, as agreed between an employer and the majority of employees concerned.

The maximum number of ordinary hours that can be worked in any day is 10, including paid breaks.

Shiftwork

The following rostering arrangements apply to an employee who works ordinary hours on shiftwork:

  • a maximum of 6 shifts can be worked over the period of a week; and
  • a Sunday may be included.

Shiftwork applies to employees who are required to work their ordinary hours on any of the following shifts:

  • Afternoon shift: a shift finishing after 7.00 pm and at or before midnight ;
  • Night shift: a shift finishing after midnight, and at or before 7.00 am;
  • Permanent night shift: a night shift which does not rotate with another shift or shifts or day work and which continues for a period of 4 consecutive weeks or longer.

Breaks

A shiftwork employee is entitled to one 20 minute paid meal break per shift which is to be:

  • taken within 5 hours of starting the shift; and
  • counted as time worked.

Hours worked per shift

Breaks

Between 3 and 8 hours

One 10-minute rest break

More than 8 hours

Two 10-minute rest breaks

More than 4 hours overtime on a Saturday morning

One 10-minute rest break

How are wages and allowances calculated in the Clerks – Private Sector Award?

In the Clerks – Private Sector Award, wages and allowances are calculated based on several factors outlined within the award.

Minimum rates

Employee classification

Minimum weekly rate

(full-time employee)

Minimum hourly rate

Level 1—Year 1

910.90 23.97

Level 1—Year 2

954.00 25.11

Level 1—Year 3

983.40 25.88

Level 2—Year 1

995.00 26.18

Level 2—Year 2

1013.40

26.67

Level 3 1050.90

27.66

Call centre principal customer contact specialist 1058.30

27.85

Level 4 1103.60

29.04

Level 5 1148.40

30.22

Call centre technical associate 1258.00

33.11

Overtime rates

The overtime rate payable to an employee depends on the time at which the overtime is worked. This table refers to overtime rates for employees other than shiftworkers.

Hours of overtime worked per day

Full-Time & Part-Time Employees Casual Employees

% of minimum hourly rate

Monday to Saturday 

– first 2 hours

150% 175%

Monday to Saturday 

– after 2 hours

200%

225%

Sunday – all day 200%

225%

Public holiday – all day 250%

275%

Penalty rates (employees other than shiftworkers)

Time of ordinary hours worked

Full-time and part-time employees Casual employees

% of minimum hourly rate

Saturday

125%

150%

Sunday 200%

225%

Public holiday 250%

275%

Penalty rates (for shiftwork)

Shift

Penalty rate

(% of minimum hourly rate)

Afternoon or night

115%
Permanent night

130%

Saturday, Sunday or public holiday

150%

Allowances

First aid allowance $14.93 per week, if the employee has current first aid qualifications and training, and is appointed by the employer to perform first aid duty.
Higher duties allowance An employee required to perform any of the duties of a higher classification for more than one day at least the minimum rate applicable to the higher level under this award.
Clothing and footwear allowance Reimburse

  • damaging to clothing for the cost of purchasing any uniforms and protective clothing
  • wet and damaging to footwear for the cost of purchasing appropriate protective footwear

Launder the uniform that they are required to wear:

  • $3.55 each week for a full-time employee
  • $0.71 each shift for a part-time or casual employee
Meal allowance $18.23 or a meal for work overtime of more than 1.5 hours and not given at least 24 hours’ notice

further $14.60 for work overtime exceeds 4

Vehicle allowance for a motor car, $0.95 per kilometre 

for a motor cycle, $0.32 per kilometre

Living away from home allowance
  • cover all fares to and from the location at which the employer requires the employee to work
  • cover all reasonable expenses incurred for meals and accommodation
  • pay ordinary rates of pay for time spent, to a maximum of 8 hours in 24 hours
Transport reimbursement for shiftwork Reimburse

How is the leave managed in Clerks – Private Sector Award?

For the complete version of leave entitlement, you may refer to NES.

Annual Leave

Annual leave is provided for in the NES. It does not apply to casual employees.

During a period of paid annual leave, an employer must pay an employee an additional payment for the employee’s ordinary hours of work. The additional payment is payable on leave accrued.

For an employee who would have worked on day work only or worked on shiftwork had they not been on leave, the additional payment is the greater of:

  • 17.5% of the minimum hourly rate for the employee’s ordinary hours of work in the period; or
  • The minimum hourly rate for the employee’s ordinary hours of work in the period inclusive of shift weekend penalty rates as specified.

Personal Leave

Casual employees are entitled to be absent from work to care for a person who requires care or support because of:

  • illness or an injury;or
  • an emergency

but they’re not entitled to be paid for time away from work.

Public holidays

An employer must pay an employee who works on a public holiday or on a day that is substituted for a public holiday at the public holiday penalty rate set out in penalty rates.

How can Workstem assist you?

Workstem is a one-stop payroll & HR platform that has an award interpretation module to assist Clerks – Private Sector Award employers in several ways. We understand the various provisions of the Clerks – Private Sector Award and stay in compliance with Fair Work requirements, the customised attendance formulas can automatically calculate payments and will stay up-to-date with relevant regulations.

By utilising Workstem, clerks award employers can streamline their HR processes, reduce administrative burdens, and stay in compliance with Fair Work.

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