Pay rates change from 1 July each year, therates in this guide apply from 01 November 2020. This will include reconciling the hours award covered employees work to ensure they are adequately remunerated for any award entitlements they should receive, even if they are paid a salary under a contract of employment. Clerks-Private Sector Award 2010. What is the difference between an ‘annualised wage’ and a ‘contractual salary arrangement’? However, employers must ensure that an appropriate set-off clause is included in the employment contracts for those employees, which covers and specifies all award entitlements for the employees for all hours worked.Â, Most of the requirements under the new annualised wage clause are new obligations that are, required under the current annualised wage clause in the Clerks Award.Â, If a contractual salary arrangement is entered into, there is no need for employers to comply with all of the requirements under the new annualised wage clause in the Clerks Award. The following pay rates are effective from the first full pay period commencing on or after 1 November 2020. Clause (s) affected by the most recent variation (s): 16 — Minimum weekly wages. 19 —Allowances. [MA000002] Published 01 November 2020. Information about the definition and operation of allowances, penalties and overtime can be found in the award. The full four-day course is £340 + VAT for members or £390 + VAT for non-members. Changes to the Clerks Award December 10, 2019 Do you pay your clerical employees an annual salary? Clerks - Private Sector Award 2010 - AM2016/15. In addition, CiLCA registration is £410 (non-vatable). Clause (s) affected by the most recent variation (s): Schedule I —Award Flexibility During the COVID-19 Pandemic Classification of All annualised wage arrangements must be supported by robust and well-drafted employment contracts.  Employers also need to have in place good systems for record keeping and, if entering into an annualised salary arrangement under an award, yearly reconciliations. The Fair Work Commission has determined that revised annualised wage provisions will be inserted into a number of modern awards from 1 March 2020, including the Clerks – Private Sector Award 2010 and Manufacturing and Associated Industries and Occupations Award 2010. Katie White, Lawyer. This Fair Work Commission consolidated modern award incorporates all amendments up to and including 31 October 2020 ( PR718819, PR718975 ). On 26 June 2020 the Western Australian Industrial Relations Commission (WAIRC) issued the 2020 State Wage Case decision. Start educating yourself by reading the Clerks award. The new annualised wage provisions do not invalidate contractual set-off arrangements and do not preclude an employer from continuing to enter into such arrangements. Please refer to Schedule A - Transitional Provisions of the Modern Award to determine if transitional provisions apply. The Clerks – Private Sector Award sits in Group 2 hence the November 2020 commencement date. Annualised wages are under an award, and only an award. In July 2019, the Fair Work Commission handed down a decision for annualised wages as part of its four yearly review of modern awards (the decision can be accessed, ).  The decision requires employers to comply with certain new modern award annualised wage clauses from, — but only in relation to employees who are paid an annualised. allowances under the Clerks - Private Sector Award 2020 (the Award) that are applicable from the first full pay period commencing on or after 1 November 2020. The current July 2019 rates will apply until that date. In July 2019, the Fair Work Commission handed down a decision for annualised wages as part of its four yearly review of modern awards (the decision can be accessed here). Cheapest rate is Level 1 – year 1 which is $715.20 per week for full time. award-based transitional instrument has the meaning in the Fair Work (Transitional Provisions and Consequential Amendments) Act 2009 (Cth) clerical work includes recording, typing, calculating, invoicing, billing, charging, The annex below Annualised wage arrangements – changes commence 1 March 2020, for the model clauses for awards in categories 2 and 3 (see below), employee agreement is required and either party is able to unilaterally terminate the arrangement with 12 months’ notice. Clerks—Private Sector Award 2020. This will include reconciling the hours award covered employees work to ensure they are adequately remunerated for any award entitlements they should receive, even if they are paid a salary under a contract of employment. This Level 3, foundation qualification provides you with a broad knowledge of all the aspects of a clerk’s work – roles and responsibilities, the law, procedures, finance planning and community involvement. Due to COVID-19 and its economic impacts, annual wage increases will only take effect from 1 November 2020 ) and the Pay and Conditions Tool. award-covered employees who are paid a salary under a contract of employment, (including full-time employees covered by the Clerks Award), the answer is dependent on the current processes the employer has in place for monitoring hours worked.Â. For anyone covered by an award that has already been updated, you can find a copy of your updated award on our List of awardspage. Employers must consider their current arrangements and which option is best for their business. So the FWC ordered you to reinstate an employee – now what? Employers need to consider whether to enter into an annual wage arrangement under a modern award or rely on offsetting provisions in an employment contract. (Want to get ahead? Clerks – Private Sector Award 2020 which come into effect for the period from 1 November 2020 to 30 June 2020. ), For full-time employees covered by a modern award and who are paid an annualised wage under that award (as opposed to a salary under a contract of employment), the answer is YES.Â, From 1 March 2020, for employees who currently receive an annualised wage under a modern award, employers will need to comply with a new model award annualised wage clause that is effective in certain modern awards, such as the Clerks Award. Clause (s) affected by the most recent variation (s): 17 — Annualised wage arrangements. It’s important to understand the laws that underpin the HR profession. The new annualised wage clause is more onerous and imposes a number of new record-keeping obligations on employers.Â. Emma Moran, Senior Associate 19 —Allowances. There are three different types of annualised wage provisions. Most of the requirements under the new annualised wage clause are new obligations that are not required under the current annualised wage clause in the Clerks Award.Â. Can we get some clarification about what the terms mean? Copyright @ Australian HR Institute, Click the subscribe button below to go to our subscribe page or, 7 different types of rest you need to know about, Perspective: 7 major trends and challenges. This will require many employers to record the start and finish times for their employees to ensure they are being paid what they would be entitled to under the relevant award for the hours they are working. = $18.82 per hour full time. My understanding is employees who are covered by an award are paid an annual salary … this is divided up between how many pay periods which are applicable .. 26 if paid fortnightly… then divided by 76 to get the hourly rate… I believe this is the annualised wage… Awards (modern awards) are legal documents that outline the minimum pay rates and conditions of employment. Clerks—Private Sector Award 2020 This Fair Work Commission consolidated modern award incorporates all amendments up to and including 22 December 2020 (PR725755). Thanks HRM, Privacy Policy | Terms & Conditions Page 3 of 10 WAGE BULLETIN 2019 Annual Salary Pursuant to clause 17 of the Clerks – Private Sector Award, an employer may pay an employee an annual salary in satisfaction of any or all of the following provisions of the award: It is intended only to provide a summary and general overview on matters of interest and it is not intended to be comprehensive. First Aid Officer Use this work type when an employee who has been trained to render first aid and who is the current holder of appropriate first aid qualifications and is appointed by the employer to perform first aid duty. CLERKS – PRIVATE SECTOR AWARD RATES OF PAY as at 1 NOVEMBER 2020 Classification 38 hr week Part-time per hr Part-time Weekend per hr Casual per hr Casual Weekend per hr Grade 1, first year $801.40 $21 Good article. On of the better commentaries around. How should HR deal with chronic absenteeism? Clerks—Private Sector Award 2010. This table contains all the documents relating to the plain language process for this award only. There is one certainty – it is time to start assessing your employees’ existing annualised wage or salary arrangements with modern award obligations in mind. However, employers, the employee’s contract of employment contains an appropriate set-off clause; and, the amount actually paid to the employee each pay period is enough to satisfy all payments under the applicable modern award the employee is entitled to receive for that pay period.Â, pay contractual salaries that accurately and adequately compensate award-covered employees for actual hours worked per pay period, they could be at a serious risk of underpayment claims by employees.Â. we have contract staff who are on a 5 year contract for say $85,000 per year = contractual salary arrangement… From 1 March 2020, employers must inform employees covered by the Clerks Award that are full-time and paid an annualised salary, in writing: The annual salary the employee is to be paid Which entitlements in the Clerks Award are satisfied by payment of the annualised salary (for example, overtime and penalty rates) Schedule E —Part-day Public Holidays. You can disable cookies at the browser level, however this can limit your experience with our website. A salary is something you usually have in a contract. A joint application has been made by the Australian Chamber of Commerce and Industry and the Australian Industry Group for the variation of the Clerks – Private Sector Award 2010 under section 157 of the Fair Work Act 2009. We use cookies to personalise content, provide social media features, and analyse traffic. Fair Work seems to be saying annualised wages and salaries are interchangeable terms (https://www.fairwork.gov.au/pay/minimum-wages/salary-payments). the provisions of the award the annualised wage satisfies; the method by which the annualised wage has been calculated including each component of the annualised wage and any assumptions made regarding overtime and penalties; and, the ‘outer limit’ of how many ordinary hours and overtime hours may be worked without requiring a payment in excess of the annualised wage.Â, conduct a review to ensure the employee was paid no less than the amount the employee would have received under the award for the work performed over the year for which the annualised wage was paid (and if not, pay the employee the shortfall within 14 days). Notify– advise employees and keep a record of which provisions of the modern award have been satisfied by the annualised wage, and in some cases set out the methodology of calculating the annual wage, including overtime a This update does not constitute legal advice and should not be relied upon as such. It’s important to understand the laws that underpin the HR profession. If a contractual salary arrangement is entered into, there is no need for employers to comply with all of the requirements under the new annualised wage clause in the Clerks Award. Do you have annualised wages in your organisation? There is one certainty – it is time to start assessing your employees’ existing annualised wage or salary arrangements with modern award obligations in mind. The news site of the Australian HR Institute. Clerks—Private Sector Award 2010. This Fair Work Commission consolidated modern award incorporates all amendments up to and including 21 June 2017 ( PR592097, PR592260, PR592689, PR593800 ). Schedule B —Summary of Hourly Rates of Pay. the method of calculation also differs. The ordinary hourly rates of pay, loadings (including the casual loading) and penalty rates included in the current version of Modern Awards may not apply during the current transitional period. How to respond to an unfair dismissal claim, 8 ways to lure employees back to the workplace, 2 reasons why there aren’t more women in tech, Video: Recruiting top talent, and how to recruit women. This article has really confused me. invalidate contractual set-off arrangements and do not preclude an employer from continuing to enter into such arrangements. Steven Troeth, Partner Find out which award covers you below. please correct me if I am wrong…. For the model clause for category 1, no such agreement is required and there is no unilateral right of termination; and. How to use this wage bulletin To identify the applicable rate of pay However, employers are not compelled to enter into an annualised wage arrangement under a modern award and may instead continue to use common law offsetting provisions contained in an employment contract.  That is, employers are able to determine whether entering into annualised wage arrangement under a modern award is appropriate for their business. Are you required to do anything differently?Â, For full-time employees covered by a modern award and who are paid an annualised wage under that award (as opposed to a salary under a contract of employment), the answer is, currently receive an annualised wage under a modern award, , employers will need to comply with a new model award annualised wage clause that is effective in certain modern awards, such as the Clerks Award. Using this work type will add a weekly allowance. This is a complex area and failure to comply can result in significant financial and reputational consequences. 10.3 Changes to the number of hours to be worked under Clause (s) affected by the most recent variation (s): 16 — Minimum rates. Pay Guide - Clerks - Private Sector Award. By way of example, in the Clerks Award, employers need to: For other award-covered employees who are paid a salary under a contract of employment (including full-time employees covered by the Clerks Award), the answer is dependent on the current processes the employer has in place for monitoring hours worked.Â. This Fair Work Commission consolidated modern award incorporates all amendments up to and including 12 February 2020 ( PR716593 ). For the purposes of this article, we will refer to the Clerks Award to illustrate the changes brought about by this decision. The decision requires employers to comply with certain new modern https://www.fairwork.gov.au/pay/minimum-wages/salary-payments, Claiming a ‘personal dispute’ is not enough to get away with punching a coworker, FWC rules. You need to work out what Level you fall under based on the jobs you do for the business. Level 1 in this structure is to be viewed as the level at which employees learn and gain competence in the basic clerical skills required by the employer, which in most cases would lead to progression through the classification structure … Want to keep up to date with the latest issues affecting HR and the business world?  Either way, employers must understand what entitlements are built into annual salaries.  A “set and forget” approach is untenable. However, employers must ensure that: Accordingly, it is very important that employers have sufficient record-keeping processes in place to ensure they are paying award-covered employees an amount that covers all of the employee entitlements they would otherwise be entitled to receive. The WAIRC decision grants a 1.75% per week increase in WA award rates of pay from the first pay period on or after 1 January 2021 . Model clauses for categories 1 and 2 require the employer to calculate the annualised wage by reference to overtime and penalty rate assumptions, with the employer required to specify the outer limit of ordinary hours that would attract a penalty or overtime rate.  Whereas with the model clause for category 3 awards, wages are calculated by a minimum percentage uplift on the minimum annual wage, with outer limits also being specified. Employers are not obliged to enter into an annualised wage arrangement under a modern award and may continue to rely on offsetting provisions in an employment contract.  Employers should consider their own circumstances and whether an annualised wage arrangement under a modern award would be a desirable option for them. CLERKS – PRIVATE SECTOR AWARD 2020 WAGE RATES JULY 2019 Page 5 of 16 (c) the times at which the employee will start and finish work each day. Check out the Changes to awards in 2020. There are three different types of annualised wage provisions. There are more than 100 industry or occupation awards that cover most people who work in Australia. Print this page. They would achieve a Level 2 classification when they have achieved the level of skill and competency envisaged by the characteristics and the relevant indicative duty(ies)/skill(s) of a Level 2. Aaron Goonrey is a Partner in Lander & Rogers’ Workplace Relations & Safety practice. If you do, you need to be aware of a recent decision by the Fair Work Commission (FWC) concerning annualised salary arrangements. Level 1 in this structure is to be viewed Association of Consulting Architects Updated 08/04/2020 page 1 of 57 Clerks—Private Sector Award 2010 This Fair Work Commission consolidated modern award incorporates all amendments up to and including 8 April 2020. You should seek legal or other professional advice before acting or relying on any of the content. However, employers must ensure that an appropriate set-off clause is included in the employment contracts for those employees, which covers and specifies all award entitlements for the employees for all hours worked.Â. 1 26 AUGUST 2020 E01-20 | 2020-21 NATIONAL SALARY AWARD The National Joint Council for Local Government Services (NJC) has agreed the new pay scales for 2020-21 to be implemented from 1 April 2020. In July 2019, the Fair Work Commission handed down a decision for annualised wages as part of its four yearly review of modern awards (the decision can be accessed here).  The decision requires employers to comply with certain new modern award annualised wage clauses from 1 March 2020 — but only in relation to employees who are paid an annualised wage, as opposed to a salary under a contract of employment.Â. Joint application – dated 24 March 2020. Gadens is well placed to assist employers to understand their obligations and implement supporting employment documentation. The new annualised wage clause is more onerous and imposes a number of new record-keeping obligations on employers.Â, advise the full-time employee who is to enter into the annualised wage arrangement. Great article. PLEASE NOTE: The 2019-2020 Annual Pay Rate decision rate increases for the Clerks-Private Sector Award does not come into operation until the first full pay period on or after 1 November 2020. Accounts Payable, Warranty Clerk, Inventory/Stock Clerk)* Characteristics Employees at this level have achieved a standard to be able to perform specialised or non-routine tasks or features of the work. Documents relating to award stage - technical and drafting or substantive issues processes for this award can be access from the 4 yearly review-awards under review page. This award covers employers in the private sector throughout Australia with respect to their employees engaged wholly or principally in clerical work, including administrative duties of a clerical nature, and to those employees. Clerks – Private Sector Award 2020 Effective from the first full pay period on or after 1 July 2019 to 31 October 2020 Level 3 (e.g. The review is to be conducted each 12 months from the commencement of the annualised wage arrangement and when the employee’s employment terminates; and. This guide will help you get prepared for the 1 March 2020 changes. In all cases, employers must comply with record keeping obligations under the Fair Work Act 2009 (Cth) and Fair Work Regulations 2009 (Cth).  In addition, for employers entering into annualised wage arrangements under a modern award, employers are required to record employee starting and finishing times and unpaid breaks, which must be signed or acknowledged as correct by employees in each pay period. Clerks – Private Sector Award 2020 Classification Levels Weekly rate from 1/11/2020 $ Hourly rate from 1/11/2020 $ Casual hourly rate* from 1/11/2020 $ Level 1 Year 1 801.40 21.09 26.36 Year 2 841.10 22.13 27.66 Overtime Meal Use this work type when an employe… At a minimum, employers are required to pay employees their minimum award entitlements in each specific pay period or roster cycle (usually weekly, fortnightly or monthly depending on the relevant award).  If an employee’s annual wage is sufficient to cover their minimum entitlements in each pay period under the modern award, there may be little utility in entering into an annualised wage arrangement under a modern award.  Instead, an offsetting clause in an employment contract may provide adequate protection for employers.

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