Remote Working Arrangement included in Schedule I of the Clerks Award

Dear All MTA NSW Members,

Further to our December IR News, Schedule I of the Clerks Award has been extended to 30 June 2021. There have also been significant changes made to Schedule I which are outlined below and take effect from the first full pay period on or after 22 December 2020.

Employers no longer have the administrative burden of notifying employees in writing that they consent to a dispute arising from a request, direction or agreement under Schedule I being settled by the Fair Work Commission (FWC). Instead, it is consequentially deemed that the employer consents to this when they make a request, direction or agreement under Schedule I.

Remote working arrangements
Schedule I has been amended to included additional flexibilities for employees working remotely, whether this be from the employee’s home or another location of their choosing.
Other than the pre-existing provisions allowing for the extension to the span of ordinary hours (refer to our December IR News), the additional flexibilities relating to when an employee is undertaking remote work include:

• The ability for full time and part time employees to choose to not work their ordinary hours continuously if this is agreed between the employer and employee and provided that a part time employee is allocated at least 3 hours of work on that day
• The ability for part time employees to choose their start and finish times, or to start and finish work within a specific range of time, if agreed between the employer and employee; and
• The ability for an employee to take their meal or rest break at any time that suits their personal circumstances, and to alter the configuration of the meal or rest break, provided that it is agreed to by the employer.

The above provisions under Schedule I, when applied, supersede the provisions in the Award regarding:

• The requirement for an employee to work ordinary hours continuously under clause 13.6(a);
• The requirement for an employer and part time employee to reach a separate agreement regarding changes to their start and finish times under clause 10.3; and
• The times and arrangement of meal and rest breaks under clause 15.

To access Schedule I in the Clerks Award, please click here.
For any questions relating to Schedule I, please contact the MTA Employment Relations Department on 02 9016 9000 or by emailing [email protected].

Yours faithfully,

Employment Relations Department
Motor Traders’ Association of NSW
P: 02 9016 9000
E:[email protected]
W:www.mtansw.com.au