Temporary Clerks Award flexibility
On 28 March 2020, the Fair Work Commission varied the Clerks Award by adding a new Schedule I. It was initially due to stop operating on 30 June 2020.
On 30 June 2020 they extended and changed parts of Schedule I. The extended sections and new changes apply until 30 September 2020.
Schedule I adds award flexibility to the Clerks Award during the impact of coronavirus. It changes entitlements relating to:
- span of hours while working at home
- hours of work for full-time and part-time employees
- annual leave.
The new Schedule I applies to employers and employees covered by the Clerks Award.
While Schedule I operates, an employee’s usual terms and conditions of employment under the Clerks Award continue to apply, unless they’ve been changed by Schedule I. If they have, Schedule I applies instead.
These changes may affect the information on this page.
Go to Clerks Award flexibility during coronavirus for more information about Schedule I and when it applies.
Based on what you've told us, it looks like you're covered by the Clerks - Private Sector Award [MA000002].
Employees can be directed to take annual leave during a shut down. They have to be given at least 4 weeks notice before the leave needs to be taken.
If an employee doesn’t have enough leave to cover the shutdown, they can agree with the employer to take:
- annual leave in advance or
- unpaid leave.
If an employee doesn’t agree to either, they have to be paid their ordinary pay rate for the shut down. They can’t be forced to take unpaid leave.
Use the Notice of requirement to take annual leave for close down template letter (DOC 59.5KB) when directing employees to take annual leave during a shut down.
Accumulating annual leave during a shut down
An employee will continue to accumulate annual leave only while on paid leave during a shut down period.
To find out more about who this award applies to, go to the Clerks Award summary.
Source reference: Clerks - Private Sector Award [MA000002] clause 32.5