Business NSW wants to change the way the Clerks Award operates to accommodate those working from home. (Source: Getty)
Nearly two million Australian workers could soon have certain perks changed if they wanted to keep working from home (WFH). The Fair Work Commission (FWC) has been investigating a possible change to the Clerks Award, and Business NSW has made a submission today that could have wide-reaching impacts.
HR expert Lara Nercessian told Yahoo Finance a lot is riding on this investigation, as it could see changes to other work contracts and affect millions more people. Business NSW wants to change the Clerks Award to represent the new-age trend of working at home with irregular hours.
The state’s peak business organisation said those who WFH might have to forgo penalty rates, minimum hour requirements, overtime pay, rest breaks, and other benefits because the current system is “outdated”.
The Clerks Award covers roughly 1.8 million people, with Fair Work saying the types of roles included under this big umbrella include administrative assistants, receptionists, and bookkeepers.
At the moment, workers have a right under the Clerks Award to make a WFH request and explain why they should be allowed to do it.
But that’s only available to those who have been with their employer for at least 12 months, and are pregnant, a parent, someone with a disability, over the age of 55, a carer, or someone experiencing domestic violence.
This Fair Work decision could flip that responsibility on its head and force an employer to justify why they needed the worker to be in the office.
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But Business NSW is arguing that working from home allowed staff to complete life admin during regular work hours, and current constraints unfairly impacted employers.
“The rules affecting WFH – last created for clerical and administrative employees in 2009 – are impeding flexible working arrangements and unfairly punishing employers,” Business NSW lawyer Nigel Ward said.
“When an employer governed by certain awards allows a working parent to pick up the kids from school, take their car for a service or run errands for an ageing parent, they may be in breach of the award.”
The current rules dictate regular hours are from 7am to 7pm, and anything outside of that would grant a worker penalty rates or overtime pay.
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Business NSW wants to create a new WFH option under the Clerks Award, which would expand those hours to 6am to 10pm to accommodate this new trend of completing your responsibilities in your own time.
“When an employee chooses to work at 6.30am or to shift their normal hours until 9.30pm to make up for that time, the boss may again be in breach – flexibility for the employee while the boss is obliged to follow work rules designed for the 9 to 5 office environment,” Ward added.
Nearly two million Aussies could soon have certain perks changed if they want to continue working from home. (Source: Getty) · COROIMAGE via Getty Images
If workers chose that option, they would waive their rights to minimum engagements, which allowed certain staff to be paid for at least three hours regardless of whether they worked less than that, and continuous work hours.
Additionally, the business group wants WFH staff stripped of their ability to claim things like first aid, clothing, and overtime meals if they aren’t coming into the office.
Part-time workers would also have a clause that currently protects them against changes to their set hours, also removed under the proposal.
Australian Services Union national secretary Emeline Gaske is concerned Business NSW’s submission could create a two-tiered system, where those who work from home are treated like “second-class citizens”.
Business NSW’s push to ditch penalty rate agreements comes after the government submitted a piece of legislation to parliament that would enshrine these rights for 2.6 million other workers.
Labor wants to safeguard penalty and overtime rates for those on the General Retail Industry Award 2020 (GRIA).
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