Clerks Award coverage: comprehensive guide

The Clerks - Private Sector Award 2020 is specifically designed to cover employees engaged in clerical and administrative work across various industries. This award ensures that these essential workers receive fair wages and conditions, addressing the unique needs and challenges within clerical roles. However, like any award, it includes specific provisions and exclusions that employers must understand to ensure compliance and proper application.

Understanding the Clerks Award's nuances is important for employers and employees to ensure fair treatment and adherence to employment standards within the administrative sector.

Who’s covered under the Clerks Award?

The Clerks Award covers a wide range of clerical and administrative employees across various industries. Here’s a detailed look at who the award covers:

Private sector employees engaged in clerical work

These employees handle office-based tasks, such as:

• Data entry operators: Maintain and update data accurately.
• Receptionists: Manage front desk duties, greeting visitors and handling calls.
• Administrative assistants: Support professionals with scheduling, document preparation, and other tasks.
• Call centre and customer support assistants: Provide customer support for businesses outside the Contract Call Centre Industry.
• Payroll officers: Ensure accurate and timely payroll processing.

On-hire employees

On-hire or agency employees work temporarily for various businesses. Examples include:

• Contract administrative workers: Employed by staffing agencies and assigned to different businesses.
• Temporary data processors: Move between projects to manage data entry tasks.
• Agency receptionists: Cover front desk roles temporarily across different companies.

Trainees employed by group training employers

Trainees gain practical experience while being supported by a recognised training organisation. Examples include:

• Business administration trainees: Work and pursue a Certificate III in Business Administration.
• Clerical work trainees: Gain hands-on experience in administrative tasks.
• HR support trainees: Learn practical aspects of human resources within a workplace.

Who isn’t covered under the Clerks Award?

Not every clerical role falls under the Clerks Award. The award doesn't cover:

• Employees covered by alternate awards that include clerical classifications: For example, employees in the hospitality industry may be covered by the Hospitality Award.
• Employees excluded by the Fair Work Act: Such as senior managers or high-income employees.
• Employees covered by an enterprise bargaining agreement (EBA): For example, employees of a large retail company with a specific enterprise agreement.
• Employees under a state reference public sector modern award or transitional award: Such as public sector employees in state government departments.
• Employers in relation to employees mentioned above: Such as government agencies under the Public Service Award.
• Employers and employees covered by other industry-specific awards: Such as clerical staff covered by the Aged Care Award or the Health Professionals and Support Services Award.

Clerks Award coverage: Practical example

Sachin is an administrative assistant at a small family-owned business. His job includes:

• Data entry (50% clerical): Maintaining the sales database and ensuring accuracy.
• Customer support (20% clerical, 5% industry-specific): Handling general customer enquiries and managing the booking system.
• Scheduling (15% clerical): Coordinating staff schedules.
• Document preparation (10% clerical): Assisting with financial reports and internal memos.

Analysis

Sachin’s role is predominantly clerical (95%), with a small portion industry-specific (5%), making him eligible for coverage under the Clerks Award.

Steps to determine coverage

Below, you can find steps to follow to assist you with the process of determining appropriate award coverage:

1. Identify responsibilities: List key tasks and their nature (clerical vs. industry-specific).
2. Compare with awards: Review definitions and classifications in the Clerks Award and other relevant awards.
3. Predominant Function Test: Focus on primary tasks. If clerical tasks dominate, the Clerks Award is appropriate.
4. Check exclusions: Review exclusions in the Clerks Award and relevant industry awards.
5. Review other employment agreements: Check enterprise agreements or contracts for award applicability.
6. Consult experts: Consult industrial relations or legal experts if unsure about coverage.
7. Maintain thorough records: Document analysis, awards considered, advice received, and the rationale for the final decision.

Distinctions within Clerks Award coverage

Understanding the nuances and surprises within the Clerks Award coverage is crucial for both employers and employees to ensure compliance and proper application. Here are some key points to be aware of:

• Inclusion of non-traditional clerical roles: Some roles not typically seen as clerical can fall under the Clerks Award because of their duties. For example, Alisha, a digital marketing employee, focuses on creative tasks but primarily handles data entry and coordination, making her role potentially covered by the Clerks Award.
  Impact: Employers might overlook these roles, risking compliance issues.
• Exclusions based on higher-level responsibilities: The award excludes employees with significant managerial or professional duties, even if they perform some clerical tasks.
  Impact: Confusion can arise when classifying employees correctly, especially for blended roles.
• Contractual and enterprise agreement overrides: The Clerks Award sets minimum conditions, but enterprise agreements or contractual arrangements might differ.
  Impact: Adds complexity for businesses operating under multiple agreements, requiring careful management to ensure compliance.

Simplifying Clerks Award coverage compliance with Rippling

Navigating the intricacies of award coverage requires careful management to ensure compliance and fair treatment of employees. Rippling’s unified platform provides comprehensive tools to help your business stay on top of award coverage requirements, with ease. Key features include:

• Automated employee classification: Automatically classify employees according to the appropriate awards.
• Real-time compliance alerts: Stay updated with any changes in award coverage.
• Detailed reporting: Generate reports to ensure compliance and maintain accurate records.
• Custom templates: Use pre-built and customisable templates for various awards.
• Audit support: Access historical data and audit trails to support compliance audits.

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.