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Clerks Private Sector Award 2020 (MA000002)

This article provides guidelines about when to use the different work types and tags that are included as part of the pre-built Clerks Private Sector award package. For further information about this industry award, refer to Clerks Private Sector Award 2020.

Key updates

  Select the current financial year tab to see award updates for the 2024/25 financial year, while all previous updates before this time you can find in the historical financial years tab.

Current financial year Historical financial years
January 2025

29th

We have updated the award to provide greater alignment between the platform’s pay condition rule sets and the award’s clauses.

Here’s the summary of the key changes:

We’ve introduced new rules to all rule sets for the following allowances:

  • Motorcycle Allowance as per clause 19.6(a)(ii)
  • Overtime Meal Allowances as per clause 19.5
  • LAFHA - Travel Time as per clause 19.7(c)

We've added some rules specific to day and shift worker rule sets. Please see below some of the additional rules:

Day workers

  • Period Overtime as per clause 13.2
  • Minimum Cumulative Overtime as per clause 21.3
  • Ordinary Hours (Sunday) as per clause 24.3

Shift workers

  • Period Overtime as per clause 26.1
  • Penalty shift work if the shift starts at 11:00pm on a Saturday, Sunday or Public holiday as per clause 31.2

Additionally, we've revised some of the existing rules. Please see below some of the updated rules:

  • Motor Car Allowance as per clause 19.6
  • Minimum Shift Engagement for Part-Time and Casual Employees
  • Rest Period After Working Overtime

For detailed information on the changes, please refer to our guide here.

July 2024

1st

We have updated the award to reflect the Fair Work Commission's National Minimum Wage increase detailed in the Annual Wage Review 2023-24 decision and also includes updates to expense-related allowances. You can find more information on the Determinations here and here.

These changes come into effect from the first full pay period on or after the 1st July 2024. Please install these updates after you have finalised your last pay run before the first full pay period beginning on or after the 1st July 2024.

We have also updated the "Community Service Leave Taken" pay category, where it accrues leave. The payment classification has also been updated in line with the ATO specification categories.

All rule sets has been updated to include a rule for Paid Family Domestic Violence Leave.

Installing and Configuring the Pre-Built Award Package

For details on installing and configuring this Pre-built Award Template, please review the detailed help article.

While we make every effort to provide a high-quality service, Employment Hero does not accept responsibility for, guarantee or warrant the accuracy, completeness or up-to-date nature of the service.

Before relying on the information, users should carefully evaluate its accuracy, currency, completeness and relevance for their purposes, and should obtain any appropriate professional advice relevant to their particular circumstances.

The award default Rule Set Period is set to Weekly that ends every Sunday. If you follow a different work pattern or roster period, you can review and set the rule-set period date that applies to your organisation.

Conditions of pay

Ordinary hours of work and overtime
  Clause Conditions
Ordinary hours or work. 13.3

Day workers

  • 7.00 am-7.00 pm on Monday to Friday
  • 7.00 am-12.30 pm on Saturday
Overtime.

21.4

 

 

 

 

21.3

 

 

 

28.1

 

 

 

 

 

 

Day workers

  • Monday to Saturday: paid 150% for the first 2 hours, then 200% thereafter;
  • Sunday: paid 200%
  • Public Holidays: paid 250%
  • Casuals plus loading

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

 

Shift workers

  • In excess of the ordinary weekly hours:
    • paid 150% for the first 3 hours, then 200% thereafter;
  • In excess of ordinary daily hours:
    • paid 150% for the first 2 hours, then 200% thereafter;
  • Saturday, Sunday or public holiday that is not an ordinary working day
    • paid 200%
  • Casuals plus loading
Maximum hours per day.

13.7, 21.1(b), 26.2

10 hours per day
Maximum hours over a period.

13.2(a), 26.1(a),

 

 

21.1(e)

 

An average of 38 hours per week over a 4 week period

Part-time employees (day workers):

  • Outside employee advanced standard hours;
  • Greater than employee standard hours
Time off instead of payment for overtime (TIL).

23.4, 29.4

The same as the number of overtime hours worked (1:1 accrual)

Annualised Wage Arrangements 18

An employer may pay a full-time employee an annualised wage.

Penalties
  Clause Conditions
Public Holidays.

 

24.4(a)

 

31.1

 

37.1

Day workers

  • Public Holiday worked: paid 250%

Shift workers

  • Public Holiday worked: paid 150%

 

Public Holiday not worked: paid at the base rate for permanent employees

Shiftwork.

 

25.1

 

 

 

 


31.1

 

  

31.2(a)

 

 

31.2(b)

  • Afternoon shift: a shift finishing after 7.00 pm and at or before midnight;
  • Night shift: a shift finishing after midnight, and at or before 7.00 am;
  • Permanent night shift: a night shift which does not rotate with another shift or shifts or day work and which continues for a period of 4 consecutive weeks or longer

 

  • Afternoon or night: paid at 115%
  • Permanent night: paid at 130%
  • Saturday, Sunday or public holiday: paid at 150%

An employee who starts an ordinary shift between 11.00 pm and midnight on a Sunday or public holiday that extends into the next day that is not a public holiday is not entitled to the Sunday or public holiday penalty rate for the time worked on that Sunday or public holiday.

An employee who starts an ordinary shift between 11.00 pm and midnight on the day before a Sunday or public holiday that extends into that Sunday or public holiday is entitled to the Sunday or public holiday penalty rate for the time worked on that day.

Weekends.

 

24.2

24.3

 

31.1

Day workers

  • Saturday ordinary paid at 125%
  • Sunday ordinary paid at 200% (an employee is directed to work ordinary hours on a Sunday)

Shift workers

  • Saturday or Sunday: paid 150%
Work Conditions
  Clause Conditions
Auto meal breaks.

15.3

Day workers

  • 30-minute unpaid break after every 5 hours of work
No meal break.

15.4

Paid 200% of the minimum hourly rate from when the meal break would have commenced until a meal break is allowed.

Minimum shift engagement.

10.5

11.4

 

 

21.4(b)

 

21.4(c)

 

21.5

24.3(c)

24.4(d)

 

 

28.3

 

 

Part-time: 3 consecutive hours on any shift

Casual: 3 hours on each engagement

 

Day workers

  • 3 hours for overtime on Saturday where an employee has worked 38 hours or more over Monday to Friday
  • required to work overtime hours on a Sunday is entitled to not less than 4 hours’ pay (inclusive of ordinary hours worked)
  • 3 hours at the overtime rate for return to duty
  • required to work ordinary hours on a Sunday is entitled to not less than 4 hours’ pay
  • required to work on a public holiday is entitled to not less than 4 hours’ pay.

 

Shift workers

  • 4 hours at the overtime rate if:
    • required to work overtime on a Saturday, a Sunday or a public holiday
    • Not ordinarily rostered to work that day;
    • Not continuous with the start or finish of an ordinary shift
Rest period after working overtime.

 

22.4(a)

 

 

22.4(c)

 

 

 

30.5(a)

 

 

 

30.5(c)

 

Day workers

  • A full-time or part-time employee employee, due to overtime worked, continues work or resumes working ordinary hours without having at least 10 consecutive hours off duty will be paid at 200% until the employee is released from duty.
  • The employee must not suffer any loss of pay for any ordinary hours that the employee did not work as a result of being released from duty.

 

Shift workers

  • A full-time or part-time employee employee, due to overtime worked, continues work or resumes working ordinary hours without having at least 8 consecutive hours off duty will be paid at 200% until the employee is released from duty.
  • The employee must not suffer any loss of pay for any ordinary hours not worked as a result of being released from duty.
Higher duties.

19.3

The employer must pay an employee performing duties of a higher classification for more than one day at least the minimum rate applicable to the higher level under this award.

Make up time

13.8

Day workers

  • The employee may take time off during ordinary hours and make up that time by working at another time during ordinary hours.

Shift workers

  • The employer and an employee may agree that the employee may take a period of ordinary hours as time off and make up that time off by working at another time during which the employee may work ordinary hours.
Return to duty

21.5

Day workers

  • Paid at overtime rates; minimum 3 hours
Annual leave loading

32.3

The higher of earnings from evaluated shift or ordinary hours + loading paid

Additional paid annual leave.

32.2

An additional 1 week of annual leave/year is entitled to seven-day shift workers.

Special notes

  • Categories (work types, tags, pay categories) that have been marked with an (*asterisk) are no longer used in rules. It still remains visible in the platform for auditing/reporting purposes.
  • Shift workers are entitled to a paid meal break in accordance with Clause 27.2. Employees are not required to log in or out during this paid meal break.
  • The clauses listed in the table below were not included in the award. If you need any of these clauses, creating or customising the award is necessary.
Clauses not included in the award
Clause no. Clause Name Details
15.3 Meal break

Need to customise rules

  • if a meal break is greater than 30 minutes.
13.4 Ordinary hours of work (employees other than shift workers)

Need to customise rules

  • The spread of ordinary hours in clause 13.3 (7.00 am and 7.00 pm Monday to Friday and 7.00 am and 12.30 pm Saturday) may be moved up to one hour forward or one hour back by agreement.
25.2 Application of Part

Need to customise rules

  • The spread of ordinary hours on shifts referred to in clause 25.1 may be moved up to one hour forward or one hour back by agreement.
16.5 Supported wage system

Need to create Pay Rate Templates and Employment Agreements

  • For employees who, because of the effects of a disability, are eligible for a supported wage, see Schedule D—Supported Wage System.
16.6 National training wage

Need to create Pay Rate Templates and Employment Agreements

  • Schedule E to the Miscellaneous Award 2020 sets out minimum wage rates and conditions for employees undertaking traineeships.

 

 

37.3(a)

 

37.3(b)

 
Substitution of public holidays by agreement

Need to customise rules:

  • An employer and employee may agree to substitute another day for a day that would otherwise by a public holiday under the NES.

  • An employer and employee may agree to substitute another part-day for a part-day that would otherwise be a part-day public holiday under the NES.

Work types

Work types are a description of the kind of shift you are working, and you select them when you record a timesheet. The following is a list of work types employees can select on their timesheet, and the meaning of each item.

A - F
Annual Leave Choose this work type when annual leave is taken.
Compassionate Leave Choose this work type when compassionate leave is taken.
G - L
LAFHA - meals & accommodation Choose this work type to cover all reasonable expenses for meals and accommodation.
LAFHA - travel fares Choose this work type to cover all fares to and from the temporary workplace.
LAFHA - travel time Choose this work type to pay an employee at the minimum hourly rate for all time spent travelling between the employee’s usual place of employment and the temporary location - up to 8 hours in a 24 hour period.
Long Service Leave Choose this work type when long service leave is taken.
M - R
Make-up Time Choose this work type when a day worker takes time off during ordinary hours and works those hours at a later time during the spread of ordinary hours.
Motor Car Allowance Choose this work type to record the number of kilometres an employee has travelled using their own vehicle in the performance of their duties.
Motorcycle Allowance Choose this work type to record the number of kilometres an employee has travelled using their own motorcycle in the performance of their duties.
No Meal Break Choose this work type when an employee does not have a meal break and therefore the shift does not require an automatic meal break deduction.
No minimum shift engagement Choose this work type when an employee does not require minimum shift payment.
No rest period after overtime Choose this work type when an employee resumes work without having the 10 consecutive hours rest period following overtime.
Overtime Meal Choose this work type when an employee is required to work more than 1.5 hours of overtime after their ordinary end time without being provided 24 hours’ prior notice.
Paid Community Service Leave Choose this work type when community service leave is taken.
Paid Family and Domestic Violence Leave Choose this work type when paid family and domestic violence leave is taken.
Personal/Carer's Leave Choose this work type when personal and/or carer's leave is taken.
Public Holiday not Worked Choose this work type where an employee is not required to work on a shift falling on a gazetted public holiday that the employee would have otherwise worked had it not been a public holiday.
S - Z
Rest Period - No loss of pay Choose this work type when an employee is entitled to be absent for 8/10 consecutive hours with no loss of pay for ordinary hours of work time which occur during this absence
Return to Duty Choose this work type when an employee is required to return to duty after that day's usual finishing hour of work.
Sunday as ordinary hours Choose this work type when a day worker employee is directed to work ordinary hours on a Sunday.
TIL of Overtime Choose this work type when the employee elects to accrue time in lieu rather than be paid overtime for a shift.
Time in Lieu Taken Choose this work type when time in lieu is taken.
Unpaid Leave Choose this work type when an unpaid leave is taken.
Work outside ordinary hours Choose this work type when a shift worker works on a Saturday, Sunday or public holiday that is not an ordinary working day (Per Clause 28.1, Table 6).

Shift conditions

Shift Conditions are further details you can add to a shift where more than one condition applies to your shift. Shift conditions are selected when you edit a timesheet record, or when clocking on using the ClockMeIn Time and Attendance or Swag apps. The following is a list of Shift Conditions employees can select on their timesheet and the meaning of each item.

M - R
No Meal Break Select this shift condition when an employee does not have a meal break and therefore the shift does not require an automatic meal break deduction.
No minimum shift engagement Select this shift condition when an employee does not require minimum shift payment.
Overtime Meal Select this shift condition when an employee is required to work more than 1.5 hours of overtime after their ordinary end time without being provided 24 hours’ prior notice.

Tags

Employee Tags are specific conditions typically related to the employee’s agreement. These are often conditions negotiated and agreed between the employer and the employee, or unique characteristics of the employee’s role. Payment of these provisions is usually of a recurring and ongoing nature.

A - F
7-day shiftworker Assign this tag if the employee is employed as a seven-day shift worker who is regularly rostered to work on Sundays and public holidays for the purpose of accruing an additional 1 week of annual leave per year.
First Aid Officer Assign this tag to an employee who has been trained to render first aid and who is the current holder of appropriate first aid qualifications and is appointed in writing to perform first aid duty on a regular ongoing basis.
G - L
Laundry Assign this tag to an employee where their uniform is not laundered at the expense of the employer. Full time employees will be paid a weekly allowance. Part time and casual employees will be paid an allowance per shift worked.
M - R
Permanent Night Shift Assign this tag to a shift worker who is required to work night shifts that do not rotate with another shift or shifts or day work and which continues for a period of not less than four consecutive weeks.
S - Z
TIL of OT Assign this tag to an employee where they elect to permanently accrue time in lieu rather than be paid at overtime rates.

System Limitations

Please note that rules will not be able to interpret or calculate the below clauses due to platform limitations and will require manual intervention.

Clause 14.6 Banking rostered days off

The employer and an employee may agree to an arrangement under which the employee works on their normal rostered days off and accumulates up to 5 banked rostered days off.

Clause 19.3 Higher duties allowance 

Under Clause 19.3, an employee must perform higher duties for more than one day to qualify for the higher classification rate. However, the system determines eligibility on a per-shift basis rather than on a per-day basis. This may result in incorrect application of the higher classification rate for employees working multiple shifts within the same day. Therefore, manual adjustments are required to remove the higher classification. Please see the example below:

  • An employee performed higher duties across multiple shifts on Thursday. The system applied the higher classification rate to their shifts for the entire day. To comply with Clause 19.3, manual intervention is required to remove the higher classification rate if the one-day threshold has not been exceeded.

Clause 23 Time off instead of payment for overtime (employees other than shiftworkers) 
  • 23.3(c) that, if the employee requests at any time, the employer must pay the employee, for overtime covered by the agreement but not taken as time off, at the overtime rate applicable to the overtime when worked
  • 23.5 Time off must be taken:
    • within the period of 6 months after the overtime is worked; and
    • at a time or times within that period of 6 months agreed by the employee and employer.
  • 23.6 If the employee requests at any time to be paid for overtime covered by an agreement under clause 23 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.
  • 23.7 If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 23.5, the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.
Clause 29 Time off instead of payment for overtime for shiftwork
  • 29.3(c) that, if the employee requests at any time, the employer must pay the employee, for overtime covered by the agreement but not taken as time off, at the overtime rate applicable to the overtime when worked
  • 29.5 Time off must be taken:
    • within the period of 6 months after the overtime is worked; and
    • at a time or times within that period of 6 months agreed by the employee and employer.
  • 29.6 If the employee requests at any time to be paid for overtime covered by an agreement under clause 29 but not taken as time off, the employer must pay the employee for the overtime, in the next pay period following the request, at the overtime rate applicable to the overtime when worked.
  • 29.7 If time off for overtime that has been worked is not taken within the period of 6 months mentioned in clause 29.5, the employer must pay the employee for the overtime, in the next pay period following those 6 months, at the overtime rate applicable to the overtime when worked.
Clause 26.5 Make-up time for shift workers

The employer and an employee may agree that the employee may take a period of ordinary hours as time off and make up that time off by working at another time during which the employee may work ordinary hours.

  • As the make-up time is subject to penalty shifts (afternoon/night shift penalties), the system cannot automatically apply the correct penalties to make-up time.

Further information

Time in Lieu Explanation

Time off instead of payment for overtime leave accrues at the same rate as the number of overtime hours worked. For example, an employee who worked two overtime hours has an entitlement to two hours’ time off. If you do take time off for overtime and the time off you intend, pay it out, you must pay at the overtime rate applicable to the overtime when worked

It also applies when you terminate an employee and you have to pay out the time. To pay it out correctly, you will need to record the overtime rate manually while you are processing the time in lieu accrual. We suggest that you record the overtime details in the Notes section of the leave accrual line in the pay run.

If you are required to pay out the time off for overtime either before termination or during termination, you can run a Pay Run Audit Report. It will show the pay runs for the employee where they accrued Time in Lieu, enabling yout to determine the applicable rates. Next, you can run an Employee Payment History Report to determine if they took any of the time off for overtime. You can then determine the correct balance based on the number of hours by taking the equivalent to the overtime payment that you made.

Example: an employee who worked two (2) overtime hours at what would have been the rate of time and a half, is then entitled to three (3) hours of time off leave to be accrued. In our above example (the first accrual line of the screen shot) you would take 0.5 hours x 1.5 = 0.75 hours. Therefore, you will need to adjust the time-in-lieu balance by adding a further 0.25 hours (0.75 hours – 0.5 hours = 0.25 hours).

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