Clerks Award employment types, rostering, and breaks
The Clerks—Private Sector Award 2020 is instrumental in defining employment structures and workplace conditions within Australia's clerical and administrative sectors. This award applies to an array of employees, particularly those engaged in clerical, administrative, and some customer service roles within private sector environments.
Employers must comprehend the various employment types outlined in this award and adhere to the precise frameworks it establishes for rostering and scheduling work hours. The award’s detailed provisions for breaks and rest periods are key to maintaining the well-being and productivity of clerical employees, ensuring they can manage the often demanding administrative responsibilities effectively. This article will guide you in developing a thorough understanding of the specific expectations and requirements that govern employment under the Clerks Award.
Clerks Award employment types
Understanding the different employment classifications within the Clerks Award is essential for ensuring proper management and compliance. This award differentiates workers based on their contract types and the regularity of their work hours, offering clarity on various employment situations and how they’re regulated.
The Clerks Award identifies three primary types of employment:
- Full-time: These staff members are under ongoing employment contracts, typically working a set number of hours each week, providing them with job security and predictable schedules.
- Part-time: These staff members work fewer hours, which are clearly specified in their employment contracts. They enjoy the same security of ongoing contracts and receive benefits proportional to their hours worked.
- Casual: These staff members are hired based on the immediate needs of the business without guaranteed hours, leading to variable work schedules. They receive a higher hourly wage to compensate for the lack of regular hours and job security.
Additionally, the Clerks Award accommodates other employment frameworks such as on-hire workers and trainees/apprentices:
- On-hire employees: These individuals are employed through recruitment agencies but work at client locations. Their employment status (casual, part-time, or full-time) is defined by their work hours and contract conditions with the staffing agency.
- Trainees/apprentices: These are individuals in training programs that blend work experience with formal education. The terms of their employment—whether full-time or part-time—are determined by the conditions of their training contracts.
Ordinary hours under the Clerks Award
Ordinary hours refer to the standard hours of work agreed upon, typically excluding overtime. Under the Clerks—Private Sector Award 2020, specific guidelines are established for the ordinary hours of work for various employment categories within clerical and administrative environments:
Ordinary hours
Notes
Full-time
38 hours per week
The total number of ordinary hours worked each week can be averaged to 38 hours over a period of up to four weeks or across a mutually agreed-upon roster cycle.
Part-time
Agreed upon hours (less than 38 hours a week)
Prior to the role starting, the employer and employee must establish a written agreement detailing a consistent work schedule, which includes the weekly hours, specific workdays, and the daily start and end times.
Casual
No guaranteed hours
Employed on an as-needed basis. The minimum period of engagement of a casual employee is three hours.
Shiftwork
38 hours per week
Can be averaged over a four-week period or over an agreed roster period that doesn’t exceed 12 months.
Depending on the roster, may include weekends, evenings, and public holidays.
On-hire
As per the contract with the hire agency
Conditions should reflect those of directly employed staff who perform comparable roles.
Apprentice/trainee
Typically aligns with full-time or part-time hours
The specifics are determined by the training requirements.
The Clerks Award also stipulates other conditions for full-time and part-time employees:
- Regularity and schedule: Ordinary hours for full-time and part-time employees are to be worked regularly with established starting and finishing times, adhering to a schedule that doesn’t exceed six days per week.
- Daily hours limit: The maximum ordinary hours shouldn’t exceed 10 per day or shift.
- Operational hours: For day workers under this award, the ordinary hours are generally set between 7:00 AM and 7:00 PM from Monday to Friday, and 7:00 AM to 12:30 PM on Saturdays. However, adjustments to these hours can be made by agreement between the employer and either the majority of employees at the workplace, a specific section of the workplace, or an individual employee.
- Flexibility across workplaces: If clerks work alongside employees covered by a different modern award with different operational hours, employers may direct clerks to work within the hours specified by the other award, provided it covers the majority at the specific workplace.
These conditions are designed to ensure that employment within clerical roles is both flexible and compliant with award stipulations, facilitating optimal work distribution and precise budget management across varied operational demands.
Tips for effective management of work hours
To optimise productivity and ensure compliance with the Clerks Award, consider these strategies:
- Monitor work hours: It’s crucial to closely monitor employee hours to ensure they don’t exceed the set limits for ordinary and overtime hours as specified by the award. Use tracking systems that can help managers monitor and alert to potential overages, ensuring compliance across both full-time and part-time arrangements.
- Flexible scheduling: While the Clerks Award provides a structure for work hours, it also offers some flexibility to meet business and employee needs. Implementing flexible work hours can help employees manage personal commitments alongside their work responsibilities, enhancing work-life balance.
- Regular reviews: Conduct systematic reviews of work-hour records to identify any patterns that might lead to compliance issues. Adjust schedules proactively to prevent any potential violations, maintaining a balance between operational demands and employee well-being.
- Communication: Create a workplace environment where clerical staff feel comfortable discussing their schedules. Keeping employees regularly informed about any changes or decisions affecting their work hours is key to ensuring clarity and maintaining consensus.
Clerks Award rostering
Rostering is the process of scheduling employees’ work shifts and hours. The Clerks Award establishes clear guidelines for creating and managing employee rosters, ensuring both fairness and compliance. Please note that distinct rules apply to shiftworkers under this award.
Roster management
Notes
Regular and predictable hours
The ordinary hours of work for each full-time and part-time employee should be regular, predictable, and agreed upon in writing before the commencement of the role.
Notice periods
Any alterations to the number of hours to be worked or changes to the starting and finishing times each day must be formally agreed upon in writing between the employer and the employee.
Additionally, the employer can change the specific days an employee works, provided they give the employee seven days’ notice prior to making the change.
Rostered days off
Employees may work longer hours on certain days within a roster cycle, compensated with rostered days off.
Employers must provide 4 weeks’ notice for scheduled rostered days off. Employees can swap a rostered day off with employer agreement or under specific circumstances, like machinery breakdowns or emergencies.
Employees can also work on their rostered days off and bank up to five days, to be taken at mutually convenient times. Before taking a banked day off, at least five days’ notice is required.
Roster flexibility
The Clerks Award allows for rostering flexibility as necessary. Employers and employees in clerical and administrative sectors can mutually agree to vary the application of specific terms related to work hours to meet the genuine needs of the operations and the individuals involved.
Flexible working requests
Employees are entitled to request flexible working arrangements for reasons, including family responsibilities. The award requires employers to thoughtfully review these requests in accordance with the National Employment Standards (NES), allowing denial only on valid business grounds.
Strategies for effective roster management
Effective Health Professionals and Support Services Award rostering is crucial to balance the demands of healthcare environments with the needs of employees. Here are several strategies to enhance roster management within this context:
- Advance planning: Develop rosters in advance to ensure compliance with the award’s requirement that employees be provided with at least four weeks' notice of their rostered days off. This advance planning helps minimise disruptions and aligns with the need for predictability in both full-time and part-time clerical roles.
- Employee input: Engage actively with employees when planning rosters. Under the Clerks Award, employees and employers can negotiate changes to start and finish times and days worked, provided these changes are agreed upon in writing. Soliciting employee input can lead to more satisfactory scheduling that accommodates personal needs while meeting business requirements.
- Flexible rostering options: Use the flexibility allowed under the award, such as banking rostered days off or rearranging work days with proper notice. This flexibility helps manage workloads effectively during peak periods or cover unforeseen absences without breaching compliance.
- Regular reviews: Conduct periodic evaluations to determine how well the rosters are meeting employee welfare and operational goals. Be prepared to make necessary adjustments to better align with these objectives.
- Clear communication: Keep all communication regarding rosters clear and documented. The Clerks Award emphasises the importance of written agreements for any changes to roster arrangements, making it crucial to maintain clear records and communicate any adjustments promptly.
- Training for managers: Provide specific training for supervisors and managers on the intricacies of the Clerks Award relating to roster management. This should include understanding the legal requirements for notice periods, the handling of flexible working requests, and the proper documentation of any agreed changes.
Clerks Award breaks and rest periods
Breaks and rest periods are designated times during a work shift when employees are allowed to rest, eat, or attend to personal needs.
This section outlines the entitlements and flexibility surrounding meal and rest breaks for clerical employees, ensuring adequate rest and compliance with work schedule norms. Please note that shiftworkers have their own specific set of rules regarding breaks under the Clerks Award.
Details
Notes
Unpaid meal breaks
Employees working more than five hours are entitled to a 30 to 60-minute unpaid meal break.
Must be taken within the first five hours of work and again within five hours after resuming work from the first meal break.
If an employee is required to work through their meal break, they’re paid at 200% of the normal rate until the break is taken.
Paid rest breaks
Employees working more than three but not more than eight hours are entitled to one 10-minute paid rest break.
Employees working more than eight hours receive two 10-minute paid rest breaks.
Employees working more than four hours of overtime on a Saturday morning are entitled to one 10-minute paid rest break.
Breaks are to be scheduled by the employer.
Combined breaks
Doesn’t participate in typical company processes; a true contractor’s work isn’t considered integral to the business.
Considered as time worked.
Advice on scheduling breaks to enhance employee well-being and compliance
Effective break management ensures compliance and contributes to employee satisfaction and productivity. Here are some practical strategies:
- Encourage full utilisation of breaks: Cultivate a workplace culture where taking breaks is normalised and actively encouraged. Highlight the importance of breaks for mental and physical refreshment, which is vital in maintaining productivity in administrative environments.
- Facilitate communication: Open up channels for employees to express their preferences or concerns regarding break times. While break schedules are dictated by the award, understanding and accommodating employee needs within those parameters can lead to smoother transitions and improved job satisfaction.
- Regular monitoring: Consistently monitor the implementation of break schedules to ensure strict compliance. This helps identify discrepancies from the award’s stipulations and address them proactively to avoid compliance issues.
- Educate staff: Conduct regular training sessions for both employees and management about the specifics of break entitlements under the Clerks Award. Keeping everyone well-informed ensures that the standards are maintained and that the policies around breaks are properly enforced.
Understanding shiftwork under the Clerks Award
A shiftworker, as defined by Part 6 of the Clerks Award, is an employee working shifts that include an afternoon shift ending between 7:00 PM and midnight, a night shift concluding after midnight but by 7:00 AM; and a permanent night shift, which doesn’t rotate with other shifts or day work and lasts for four consecutive weeks or more.
Category
Notes
Ordinary hours
The maximum number of ordinary hours that can be worked is an average of 38 hours per week, either over a four-week period or a roster period not exceeding 12 months, as agreed upon.
The maximum daily ordinary hours are 10, including paid breaks. Up to six shifts may be worked in a week, and shifts may include Sundays.
Breaks and rest periods
Shiftworkers are entitled to one 20-minute paid meal break per shift, to be taken within the first five hours.
Additionally, for shifts longer than three hours but less than eight hours, one 10-minute paid rest break is provided; for shifts of eight hours or more, two 10-minute paid rest breaks are granted.
Breaks are counted as time worked.
Time off instead of overtime payment
Employees may agree in writing to take time off instead of receiving overtime payment. This time off must be taken within six months of the overtime work, unless otherwise agreed. If not taken within this period, the employee must be paid for the overtime at the appropriate overtime rate.
Rest period after working overtime
When overtime is worked, employees must have at least eight consecutive hours off between shifts. If this rest period isn’t possible, the employee is released until they’ve had the requisite rest, without loss of pay for any ordinary hours missed.
If directed to continue work without the eight hours off, the employer must pay 200% of the hourly rate until the rest period is taken.
Clerks Award practical application: Example
GT Legal, a bustling legal firm, faced challenges aligning the availability of its clerical and administrative staff with its fluctuating caseload. Sam, the office manager, introduced a new flexible scheduling software aimed at improving efficiency and adapting work schedules to meet the firm's legal workload demands.
Implementation
Sam requested clerical and admin staff to submit their availability and any time off requests. Using this data, she created weekly rosters that balanced employee preferences with the need for adequate coverage during peak legal activity periods. The primary goal was to enhance the efficiency of admin support staff.
Challenges
- Insufficient notice: The new system's potential was undermined when schedules were released just a few days in advance, placing stress on employees who needed to arrange childcare, transportation, or other personal commitments.
- Miscommunication on flexibility: Misunderstandings arose as some staff presumed they could set their schedules autonomously, without considering the firm’s operational needs. This occasionally resulted in understaffing, negatively impacting client service and internal efficiency.
- Overlooking part-time employee rights: In her eagerness to maximise scheduling flexibility, Sam sometimes assigned part-time clerical staff more hours than their contracts allowed without prior consultation, inadvertently neglecting the specifics of their employment agreements under the Clerks Award.
Resolution
- Revised communication on scheduling policy: Sam refined the scheduling guidelines to ensure a minimum of one week's notice for new rosters. She also clarified how the firm's caseload requirements would be balanced with employee availability.
- In-depth training sessions: Comprehensive training sessions were conducted to explain the new system thoroughly, emphasising the importance of balancing personal scheduling preferences with the firm’s operational requirements.
- Formalised consultation process: The firm implemented a formal procedure for adjusting part-time employees' hours, which now required explicit mutual agreement before any changes to contracted hours, thereby ensuring compliance with the Clerks Award.
Key takeaways recap
In summary, here are the essential points and recommendations to ensure compliance with the Health Professionals and Support Services Award:
- Coverage: This award is crucial for employees in Australia's clerical and administrative sectors, particularly those in roles within private sector environments such as clerical, administrative, and some customer service positions.
- Employment types: The award recognises various employment types, including full-time, part-time, casual, on-hire workers, and trainees/apprentices. Each type has specific entitlements and conditions tailored to the nature of clerical and administrative work.
- Ordinary hours: Full-time employees typically work an average of 38 hours per week, which can be averaged over up to four weeks or a mutually agreed roster cycle. Part-time employees have their hours clearly defined in a written contract, including consistent daily start and end times and specified workdays. Casual employees, hired based on immediate business needs, have no guaranteed hours and are subject to a minimum engagement period of three hours.
- Shiftwork: The award covers shiftwork and outlines a unique set of rules concerning ordinary hours, rostering, and breaks for shiftworkers.
- Alignment with other awards: If clerks are working alongside employees governed by a different modern award with a distinct spread of hours, the employer may adjust the clerks' work hours to conform to the hours specified by the predominant award at the workplace.
- Breaks and rest periods: Employees are entitled to unpaid meal breaks if they work over five hours, with provisions for paid breaks depending on the hours worked.
- Rostering rules: One week's notice is required for any changes to working hours or days to ensure employees can manage personal commitments effectively.
Simplifying Clerks Award ordinary hours, rostering and break management
An understanding of ordinary hours alongside effective rostering and break management is essential for compliance with modern awards. Rippling's centralised platform offers powerful tools to simplify scheduling, track hours, and manage breaks. Key features include:
- Smart rostering: Create compliant rosters with a fair distribution of shifts and required rest periods.
- Automated time tracking: Automatically track employee hours from clock-in to payslip, eliminating manual data entry.
- Break tracking: Automatically track meal and rest period entitlements.
- Hours monitoring: Accurately monitor and record employee working hours.
- Compliance reporting: Generate reports on hours worked, breaks taken, and rostering patterns.
With Rippling, you can do more than just meet award compliance requirements; you can exceed them. Take the tour or contact us today!
Disclaimer: Rippling and its affiliates do not provide tax, accounting, or legal advice. This material has been prepared for informational purposes only, and is not intended to provide or be relied on for tax, accounting, or legal advice. You should consult your own tax, accounting, and legal advisors before engaging in any related activities or transactions.
