Clerks Private Sector Award (MA000002) Update

29 January 2025

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We will be releasing an update to the Clerks Private Sector Award (MA000002) on Wednesday, 29 January 2025. This update will provide greater alignment between the platform’s pay condition rule sets and the award’s clauses. 

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Here's a summary of the key changes: 

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We’ve introduced new rules to all rule sets for the following allowances: 

• Motorcycle Allowance as per clause 19.6(a)(ii)
• Overtime Meal Allowances as per clause 19.5
• LAFHA - Travel Time as per clause 19.7(c)

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New Rules for Day Workers

1. Overtime would be calculated accordingly when worked exceeding the specific hours within each period respectively as per clause 13.2. 
2. Minimum Cumulative Overtime would be calculated according to clause 21.3. 
3. For employees needing to work Ordinary Hours on Sunday as per clause 24.3. some text
   1. New work type “Sunday as ordinary hours”
4. Employees are entitled to a minimum of 3 hours at overtime rates if they work on a Saturday after completing 38 hours from Monday to Friday as per clause 21.4(b). 
5. Employees are to be paid accordingly for hours worked on Make-up Time as per clause 13.8.some text
   1. New work type “Make-up Time”

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New Rules for Shiftworkers

1. Overtime would be calculated accordingly when worked exceeding the specific hours within each period respectively as per clause 26.1.
2. Penalty shift work is paid accordingly when the shift starts at 11:00 pm on a Saturday, Sunday, or Public Holiday as per clause 31.2.
3. For hours worked outside ordinary working day on Saturday/Sunday/Public Holiday as per clauses 28.1 and 28.3. These hours worked would be paid at the overtime rate applicable, with a minimum of 4 hours of pay. 
4. In instances where overtime is entered on timesheets during public holidays not worked, overtime payment would not be paid. 

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Revised Rules for All Rule Sets

1. The maximum allowance payable is now capped at 400 kms (units) per week as per clause 19.6.
2. The allowance limit has been updated to 5 units per week (previously 1 unit per day) for  Part-Time and Casual Employees as per clause 19.4(d)(ii))
3. Minimum Shift Engagement for Part-Time and Casual Employees can be stopped if minimum engagement is not required. some text
   1. New work type: “No Minimum Shift Engagement”
4. The rule now excludes higher classification pay if the employee performs duties for 2 hours or less at a higher classification as per clause 19.3.
5. The First Aid Officer work type has been removed, while LAFHA - Travel Fares and LAFHA - Meals & Accommodation have been added.
6. Rules have been updated to “Time Worked format” to ensure that the rules would apply accurately and as intended.

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Revised Rules for Day Workers

1. Added exclusions for leave work types, including LAFHA – Travel Time, Make-Up Time, and No Meal Break (SC) to the “Automatic Meal Break” rule. 
2. No Meal Break rule has been updated to apply when an employee works more than five hours without a break, as outlined in Clause 15.4.some text
   1. New shift condition: “No Meal Break”
3. The “Public Holiday” rule was updated to ensure that public holiday penalty rates and overtime payments are applied accurately.
4. The “Public Holiday Not Worked (No Overtime)” rule was updated, where the pay category is now set to “None”, ensuring no overtime payment for public holidays not worked.
5. Due to system limitations in identifying whether the previous shift is overtime or not, a new work type has been introduced. Employees should select this work type when an employee resumes working ordinary hours without having at least 10 consecutive hours off duty following overtime, in compliance with the provisions outlined in clauses 22.3 and 22.4.some text
   1. New work type: “No rest period after overtime” - 
6. The requirement for the allowance to apply to the “First shift of the day” has been removed as per Clause 19.2.

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Revised Rules for Shiftworkers

1. Due to system limitations in identifying whether the previous shift is overtime or not, a new work type has been introduced. Employees should select this work type when an employee resumes working ordinary hours without having at least 10 consecutive hours off duty following overtime, in compliance with the provisions outlined in clauses 30.3 and 30.4.some text
   1. New work type: “No rest period after overtime”
2. A condition has been added specifying that the “Permanent Night Shift” shift end time must fall between 12:01 am and 7:00 am.
3. Hours exceeding 10 will now be directed to the “OT Clearing” bucket rather than automatically applying overtime penalty rates. The respective overtime penalty rates would be calculated accordingly. 
4. Hours exceeding the period overtime respectively will now be directed to the “Weekly OT Clearing” bucket rather than automatically applying overtime penalty rates. The respective overtime penalty rates would be calculated accordingly. 

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We’ve also deleted the following rules

1. “Public Holiday Not Worked” rules have been removed from Casual rule sets. 
2. All rules related to pandemic flexibility have been removed. 
3. The “Higher of Earnings – PFDVL” rule has been removed because the system now automatically calculates and selects the higher value between an employee's shift earnings and their ordinary hours. 
4. No Meal Break Rules as per clause 27 have been removed for shiftworkers.

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Employment Agreement Update

1. A duplicate Employment Agreement for Shiftworker Level 5 - Casual has been identified and marked with an asterisk (*).

• Please review the employee profiles of those assigned to Shiftworker Level 5 - Casual and ensure they are linked to the correct Employment Agreement (the version without the asterisk).

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While we have endeavoured to interpret the award clause accurately, it is your responsibility to ensure that your employees receive accurate remuneration. Please note that the employer bears the sole responsibility for ensuring correct payment to employees

For detailed information on the changes, please refer to our guide here.