Clerks Private Sector Award (MA000002) Updates: Key Changes You Need to Know

• "Motorcycle Allowance" - employees should select this work type when they use their own motor vehicle to perform their duties. Employees will receive the motorcycle allowance, capped at 400 units per week.

Expected Result:

• “Overtime Meal” - employees should select this work type when working overtime exceeding 1.5 hours to receive the applicable meal allowance. If the overtime exceeds 4 hours, they will be entitled to an additional meal allowance.
• By selecting the "Overtime Meal" work type, you indicate your intention to pay the meal allowances to employees rather than supplying meals directly.If you wish to provide meals instead of paying a meal allowance, or if your requirements differ, customisation of the overtime meal allowance will be necessary. This process ensures compliance with payroll obligations while aligning with your preferred method of managing overtime meal entitlements.

Expected Result:

• New work type:
  • "LAFHA - travel time" - employees should select this work type for the time spent travelling between the employee's usual place of employment and the temporary location. Employees will receive the travel time allowance, capped at 8 units per day.

Expected Result:

• Overtime would be calculated accordingly when worked exceeding the specific hours within each period respectively.
  • 38 hours in a week.
  • 76 hours in a fortnight.
  • 114 hours in a 3-week period.
• Please ensure you customise and select the relevant rule set period for your business. Unless customised, by default, the rule set period is Weekly.

• An employee is entitled to be paid overtime when the total overtime as employee has worked in one week reaches a minimum of half an hour.

Expected Result:

• No overtime payment if overtime is less than 30 minutes.

• Overtime is paid for overtime hours greater than or equal to 30 minutes.

• New work type:
  • "Sunday as ordinary hours" - use this work type when employees are directed to work ordinary hours on a Sunday.
• New pay categories:
  

  Pay Category	Super Rate	Payment Classification	Penalty Loading
  Permanent - Sunday	11.5%	Default	100%
  Casual - Sunday	11.5%	Default	125%

Expected Result:

• 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.

Expected Result:

• Employers and employees must ensure that make-up time is worked within the span of ordinary hours.
• New work type:
  • "Make-up time" - The use of the work type allows employers ease of reporting on these hours worked.

Expected Result:

• Overtime would be calculated accordingly when worked exceeding the specific hours within each period respectively.
  • 38 hours in a week.
  • 76 hours in a fortnight.
  • 114 hours in a 3-week period.
• Please ensure you customise and select the relevant rule set period for your business. Unless customised, by default, the rule set period is Weekly.

• Sunday/Public Holiday shifts starting between 11pm and midnight, and extending to a non-public holiday are not entitled to the Sunday or public holiday penalty rate for the time worked on that Sunday or public holiday as per clause 31.2(a).
• Saturday/any Public holiday shifts starting between 11pm and midnight, and extending to Sunday or public holiday are entitled to the Sunday or public holiday penalty rate for the time worked on that day as per clause 31.2(b).

Expected Results:

• Shift starts at 11:00pm on Saturday and extends into Sunday.
  
  • The entire shift is entitled to be paid at the Sunday penalty rate.

• Shift starts at 11:00pm on Sunday and extends into a non-public holiday.
  • The time worked from 11:00pm to midnight on a Saturday is not entitled to be paid at the Sunday penalty rate. Instead, the entire shift is paid at the Night Shift penalty rate.

• Shift starts at 11:00pm on Sunday and extends into a public holiday.
  • The entire shift is entitled to be paid at the Public Holiday penalty rate.

• Shift starts at 11:00pm on a non-public holiday and extends into a public holiday.
  • The entire shift is entitled to be paid at the Public Holiday penalty rate.

• Shift starts at 11:00pm on a public holiday and extends into a non-public holiday.
  • The time worked from 11:00pm to midnight on the public holiday is not entitled to be paid at the Public Holiday penalty rate. Instead, the entire shift is paid at the Night Shift penalty rate.

• "Work Outside Ordinary Days" - this work type should be used for hours worked on a Saturday, Sunday, or public holiday that is not an ordinary working day.
• A minimum of 4 hours of pay at the overtime rate is applicable.

Expected Result:

• In instances where overtime is entered on timesheets during public holidays not worked, overtime payment would not be paid.

• The maximum allowance payable is now capped at 400 kms (units) per week.

• The allowance limit has been updated to 5 units per week (previously 1 unit per day).

• New work type and shift condition:

  • “No Minimum Shift Engagement” - use this work type for shifts not requiring minimum engagement.

• The rule now excludes higher classification pay if the employee performs higher classification duties for not more than one day.

• The First Aid Officer work type has been removed, while LAFHA - Travel Fares and LAFHA - Meals & Accommodation have been added.

• The rules have been updated to Time Worked format to ensure that the rules would apply accurately and as intended.
• Timesheet Submission:
  • To enable accurate rule application, employees must submit timesheets that include both start and end times for their shifts.
  • For employees who submit timesheets in units rather than time, a customised rule will be required to convert these units into start and end times.

• Added exclusions for leave work types, including LAFHA – Travel Time, Make-Up Time, and No Meal Break (SC).

• Introduced a “No Meal Break” shift condition.

• The rule has been updated to apply when an employee works more than five hours without a break, as outlined in Clause 15.4.

• Updated the rule to ensure that public holiday penalty rates and overtime payments are applied accurately.

• The pay category is now set to None, ensuring no overtime payment for public holidays not worked.

• Due to system limitations in identifying whether the previous shift is overtime or not, a new work type has been introduced.

• New work type

  • “No rest period after overtime” - 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.

  In the example below, the criteria are met:

• The employee worked overtime from 7:00 pm to 11:00 pm in the previous shift.

• The break between this shift and the next is less than 10 hours.

• Therefore, the employee must select the “No Rest Period After Overtime” work type on their timesheet to ensure proper application of the rules.

• The requirement for the allowance to apply to the “First shift of the day” has been removed as per Clause 19.2.

• Due to system limitations in identifying whether the previous shift is overtime or not, a new work type has been introduced.

  • New work type

    • “No rest period after overtime” - employees should select this work type when an employee resumes working ordinary hours without having at least 8 consecutive hours off duty following overtime, in compliance with the provisions outlined in clauses 30.4 and 30.5.

    In the example below, the criteria are met:

  • The employee worked overtime from 10:00 pm to 11:00 pm in the previous shift.

  • The break between this shift and the next is less than 8 hours.

  • Therefore, the employee must select the “No Rest Period After Overtime” work type on their timesheet to ensure proper application of the rules.

• A condition has been added specifying that the shift end time must fall between 12:01 am and 7:00 am.

• 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.

• Hours exceeding 38 (weekly), 76 (fortnightly), 114 (three-weekly), or 152 (four-weekly) 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.

• This rule has been removed for casual rule sets.

• All rules related to pandemic flexibility, such as Working from Home and COVID-19 Not Worked, have been removed. The associated work types are now marked with an asterisk (*) to indicate they are no longer required.

• Removed all rules related to No Meal Break as per clause 27 for shiftworkers.

• Removed from the rules and marked with an asterisk (*) for reference.