Summary of Clerks Private Sector Award 2010

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1 Summary of Clerks Private Sector Award 2010 Published: 22 June 2015 Operative date: first full pay period This summary of the award is current from 1 July 2015, and is provided for convenience of reference only. It is not an official document and is not intended to take the place of the award or other legislation. This summary is believed to be accurate but the TMA and its agents give no warranty of accuracy or liability for errors or omissions or loss or damage suffered as a result of a person acting in reliance thereon. This summary is also based on our interpretation of the provisions of the Fair Work Act 2009, and we cannot warrant that this interpretation will ultimately be determined to be correct. This summary should be read in conjunction with any agreement that has been approved by the relevant government authority that is in force in the workplace. There are different relationships between awards and agreements depending on when the agreement was made please contact Emma Watt if you have any queries. The National Employment Standards and the provisions of the award take legal precedence over any other arrangements in the workplace, including individual informal agreements with employees, except where those agreements are made in accordance with the award flexibility provisions. The terms and conditions contained in this document apply to all private sector employers except sole traders and partnerships in Western Australia. The Clerks Private Sector Award 2010 covers employees engaged in clerical work and administrative duties of a clerical nature. Employers are obliged to ensure that employees have access to a copy of the award and the National Employment Standards either on a noticeboard at the workplace or through electronic means. Emma Watt Manager, Industrial & Employee Relations P: M: E:

2 Section 1 - Wage rates Wage rates for adults and part time employees - 21 years or older Modern award classification Weekly rate Hourly rate Overtime T1.5 Overtime T2 Public holidays Level 1 Year Level 1 Year Level 1 Year Level 2 Year Level 2 Year Level Level Level employees - 21 years or older Modern award classification rate 25% Overtime T1.5 Overtime T2 Public holidays Level 1 Year Level 1 Year Level 1 Year Level 2 Year Level 2 Year Level Level Level Note that extracts from the classification descriptions in the award can be found in Section 3 of this summary of the Clerks Private Sector Award The Award allows for the payment of a salary to satisfy award entitlements for minimum wages, allowances, overtime, penalties and leave loading. This must be in writing, must not be less than what the employee would otherwise have earned, and must be reviewed annually. Section 1 Wage rates Clerks Private Sector Award

3 Wage rates for juniors, part time and casual employees under 21 years performing Level 1 Year 1 work, part time and casual employees under 21 years performing Level 2 Year 1 work Under 16 years old years old years old years old years old years old Under 16 years old years old years old years old years old years old , part time and casual employees under 21 years performing Level 1 Year 2 work, part time and casual employees under 21 years performing Level 2 Year 2 work Under 16 years old years old years old years old years old years old Under 16 years old years old years old years old years old years old , part time and casual employees under 21 years performing Level 1 Year 3 work If you have junior employees performing work at a level higher than Level 2 Year 2, please contact Emma Watt for appropriate wage rates. Under 16 years old years old years old years old years old years old Section 1 Wage rates Clerks Private Sector Award

4 Section 2 - Key award provisions Award Flexibility Employers and individual employees may make an Individual Flexibility Arrangement (IFA) about: arrangements for when work is performed allowances overtime rates leave loading penalty rates The employee must be demonstrably better off under the IFA than under the award. This would involve comparing all award entitlements to the proposed rate of pay. Some employers use this method to pay a flat rate to employees regardless of the day of the week / time of day they work. It can also be used where an employee is paid a salary. If you are considering implementing an IFA please contact Emma Watt. Consultation If employers decide to make a major workplace change that will significantly affect employees, employers must consult all employees, provide information in writing, and discuss the proposed changes. Contact Emma Watt for further information. Types of employment Employees can be engaged as full time, part time or casual employees. employees: Work the number of hours regarded as full time at the particular workplace. This must be 38 hours or less per week. Part time employees: Have reasonable predictable work, averaging less than full time hours. Minimum daily engagement is 3 hours Must have the following agreed in writing: o Hours worked each day o Days of week to be worked o Starting and finishing times each day Any change to hours must be agreed in writing Any time worked in excess of the agreed documented hours must be paid at overtime rates employees: s paid 1/38 th of the weekly wage with a 25% loading Minimum daily engagement is 3 hours Paid at the termination of each engagement or weekly/fortnightly as full time employees are paid Notice of termination of employment Service Notice < 1 year 1 week 1-3 years 2 weeks 3-5 years 3 weeks > 5 years 4 weeks If the employee has at least 2 years service and is over 45 years old, an extra week is due if notice is given by the employer If an employee fails to give the correct notice, the employer can withhold the notice period from the employee s final pay. Allowances If an employee is required to: Use their own motor vehicle for work 78c/km for a car with a maximum of 400km/week, or 26c/km for a motorcycle Work more than one and a half hours of overtime after ordinary hours without notice, a meal allowance is payable - $ Where overtime extends beyond 4 hours, another meal allowance of $11.73 is payable. Launder uniform - $3.55 per week for a full time employee, $0.71 per shift for part time and casual employees Act as a first aid officer $11.47 per week Higher grade duties payable after more than 1 day is worked at higher duties. Please consult the award for a full list of allowances. Section 2 Key award provisions Clerks Private Sector Award

5 Superannuation Employees are usually entitled to choose a superannuation fund of their choice. If they fail to make a choice, the award lists the default funds into which the employer may pay superannuation. From 1 July 2014 superannuation is 9.5% of ordinary time earnings. Overtime and penalties Employees can be required to work reasonable overtime, which is any time worked in excess of the employee s normal hours, or outside the spread of hours. Time worked by part time employees in excess of the hours agreed in writing is at overtime rates. You may agree with an employee to provide time off instead of payment for overtime. Time off is at the taken at ordinary rates, i.e. one hour of overtime equals one hour off work on ordinary time rates of pay. Please see table following for further information. Breaks Day Workers A meal break of at least 30 minutes and no greater than 60 minutes must be taken within 5 hours of work. An employee that is required to work through their meal break will be paid at double time until the meal break is taken. An employee also receives the following rest breaks: Where working not less than 8 hours 2 (paid) rest breaks of 10 minutes each Where working between 3 and 8 hours 1 (paid) 10 minute rest break Where working greater than 4 hours overtime on a Saturday morning 1 (paid) 10 minute rest break Annual leave Four weeks of annual leave for a full time employee, pro rata for a part time employee. employees don t get annual leave. Leave loading is payable during a period of annual leave. This loading is 17.5% or the weekend or shift loading, whichever is greater. Personal/carer s leave Ten days of personal/carer s leave for a full time employee, pro rata for a part time employee. employees don t get paid personal/carer s leave, but are entitled to take some unpaid personal/carer s leave. Employers may require that employees comply with reasonable notification and certification requirements, even for unpaid personal/carer s leave. The employer s policy on notification of absence and substantiation of personal/carer s leave should be clearly communicated to employees. Compassionate leave Two days of paid leave per occasion for full time or part time employees who need to be absent because a member of their immediate family or household is has a life threatening illness or injury, or dies. This leave is not taken out of the personal/carer s leave accrual, it is extra. employees may take unpaid compassionate leave. Immediate family means spouse or de facto partner, child, parent, grandparent, grandchild or sibling of the employee, or of the employee s spouse or de facto partner. Public holidays As gazetted in each State and Territory. Employers and employees may agree to substitute another day for the public holiday. Employees may agree to work on a public holiday if the request to work is reasonable. Community Service leave Employees are entitled to be absent if they are called to jury service (and are entitled to some payments, talk to your State Manager about this) or if they are a member of a voluntary emergency services organisation such as a volunteer fire service or the State Emergency Service (unpaid leave). Section 2 Key award provisions Clerks Private Sector Award

6 Hours of work and overtime summary Hours of work Ordinary hours on Saturday Overtime on Saturday Overtime on a Sunday Overtime on a Public Holiday Overtime generally Day Workers Monday to Friday 7am 7pm Saturday 7am 12:30pm. Average of 38 hours/week but not greater than 152 hours/28 days. Maximum of 10 hours (excluding meals) per day Paid at time and a quarter Where employee s ordinary hours are Monday-Friday, a 3 hour minimum payment for overtime is required. Paid at double time with a 4 hour minimum Paid at double time and a half (full time or part time employees) with a 4 hour minimum Paid at time and a half for the first 2 hours and double time thereafter. This is calculated daily. Minimum overtime payment is ½ hour/week. This document is a summary only of the key provisions of the award please make sure you consult the full award and/or talk to Emma Watt if you are unsure about award provisions or the National Employment Standards. Section 2 Key award provisions Clerks Private Sector Award

7 Section 3 - Classifications These classification descriptions have been extracted from the award. For a full description of classifications, please consult the award. Level 1 At this level the employee may: Be an initial recruit with limited work experience; Work under close direction using established practices, procedures and instructions; Perform routine clerical and office functions; Problems can usually be solved by reference to established practices, procedures and instructions. Reception/switchboard; Maintenance of basic records; Filing, collating, photocopying. Level 2 At this level the employee will: Be responsible and accountable for their own work which is performed within established guidelines; Exercise limited judgment and initiative; May have their work be subject to final and process checking. Reception/switchboard duties as in Level 1 and responding to enquiries Operation of computerised radio/telephone equipment, micro personal computer, printing devices attached to personal computer, dictaphone equipment, typewriter. Word processing; Arrange routine travel bookings and itineraries, make appointments. Level 3 At this level the employee will: Be able to perform specialised or non-routine tasks or features of the work; Require only general guidance or direction; From time to time exercise of limited initiative, discretion and judgment; May be required to give assistance and/or guidance to other employees. Prepare cash payment summaries, banking report and bank statements; Provide specialised advice and information on the organisation s products and service; Arrange travel bookings and itineraries; make appointments; screen telephone calls; respond to invitations; organise internal meetings on behalf of executive(s); establish and maintain reference lists/personal contact systems for executive(s). Section 3 Classifications Clerks Private Sector Award

8 Level 4 At this level the employee will: Have achieved a level of organisation or industry specific knowledge sufficient for them to give advice and/or information; Require only limited guidance or direction and would normally report to more senior staff; Exercise initiative, discretion and judgment at times; Supervise employees in lower levels. Maintaining executive diary; attending executive/organisational meetings and taking minutes; establishing and/or maintaining current working and personal filing systems for executive; Able to prepare financial/tax schedules, calculating costings and/or wage and salary requirements Level 5 At this level the employee will: Be subject to broad guidance or direction and would report to more senior staff; Have achieved a standard of relevant and/or specialist knowledge and experience sufficient to enable them to advise on a range of activities and features; Be responsible and accountable for their own work and may have delegated responsibility for the work under their control or supervision; Be able to train and to supervise employees; Often exercise initiative, discretion and judgment. Provide reports for management; Application of computer software packages ; Administer individual executive salary packages, travel expenses, allowances and company transport; administer salary and payroll requirements of the organisation. Section 3 Classifications Clerks Private Sector Award

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