Application to vary the Clerks – Private Sector Award 2020

In the Fair Work Commission, a joint application was made by the Retail and Fast Food Workers Union and McDonald’s Australia to vary the Clerks – Private Sector Award 2020 to achieve the award’s objective of providing for the employees of the fast food industry. The application sought to extend the operation of Schedule I of the Award to include employees who were not ordinarily employed in the fast food industry but were employed by a fast food employer to perform work in the industry during the COVID-19 pandemic. The application was made under section 233 of the Fair Work Act 2009, which provides for the flexibility of awards during a declared state of emergency or disaster.

The legal issues before the Commission were whether the application was in accordance with the purpose of the Fair Work Act, and whether the proposed variation would assist in achieving the objective of the Award. The Commission noted that the application was made in the context of a declared state of emergency and considered the need for flexibility in the operation of awards during such a time. The Commission also considered the potential impact of the variation on the employees and employers affected by the application.

The Commission held that the application was in accordance with the purpose of the Fair Work Act and would assist in achieving the objective of the Award. The Commission noted that the pandemic had caused significant disruption to the fast food industry and that employers in the industry had been forced to adapt to new working conditions and practices. The Commission also noted that the proposed variation would provide certainty and stability to employers and employees during a time of uncertainty. The Commission held that the application should be granted and made the orders sought by the applicants.

The Commission varied the Clerks – Private Sector Award 2020 to extend the operation of Schedule I of the Award to include employees who were not ordinarily employed in the fast food industry but were employed by a fast food employer to perform work in the industry during the COVID-19 pandemic. The variation applied to employees employed on or after 1 July 2020 and before 1 July 2022. The variation also included provisions for the variation to be reviewed by the Commission at the end of the period of operation.