We previously advised that Schedule I-Award flexibility during the COVID-19 pandemic’ in the Clerks – Private Sector Award 2020 (the Clerks Award) had been extended until 30 June 2021.
However, on 22 December 2021 the definition of ‘Remote Work’ was redefined under clause I.2.1 to mean ‘work undertaken by an employee from their home or any other location of their choosing that is not the premises of their employer’. The following additional flexibilities are also provided:
- employees may elect to work their hours in a non-continuous manner while undertaking remote work;
- part-time employees may select their own starting and finishing times when undertaking remote work, with agreement from their employer;
- flexibility in relation to the taking of meal or rest breaks by employees undertaking remote work, subject to agreement with the employer.
The span of hours for days workers undertaking remote work remains unchanged.
To ease employer’s administrative burdens, employers who issue a direction or make a request under Schedule I no longer need to advise in writing their consent that a dispute about the direction, request or agreement is to be settled by the Commission through arbitration. Nevertheless, the direction or request to work remotely must be given in writing.
This publication has been carefully prepared, but it has been written in general terms and should be viewed as broad guidance only. It does not purport to be comprehensive or to render advice. No one should rely on the information contained in this publication without first obtaining professional advice relevant to their own specific situation.