Clerks—Private Sector Award 2020

In the recent decision of Clerks—Private Sector Award 2020, the Fair Work Commission was asked to confirm a provisional view it had previously issued regarding the extension of the Clerks—Private Sector Award 2020. The dispute arose between the Australian Council of Trade Unions and the Business Council of Australia. The Commission was tasked with determining whether the provisional view, which extended the application of Schedule I of the award to 29 March 2021, should be confirmed.

The central legal issue before the Commission was whether the provisional view should be affirmed, given the evidence and submissions presented by the parties. The Commission considered the impact of the COVID-19 pandemic on the economy and employment, as well as the submissions made by the unions and employer representatives. The Commission also had to balance the interests of employees and employers in light of the extraordinary circumstances brought about by the pandemic.

The Fair Work Commission confirmed the provisional view, extending the application of Schedule I of the Clerks—Private Sector Award 2020 to 29 March 2021. The Commission found that the provisional view was appropriate given the economic impact of the pandemic and the need to provide certainty to employers and employees. The Commission emphasised the importance of protecting jobs and ensuring that employees received fair wages during this challenging period. The Commission also noted that the extension was necessary to provide stability and predictability in the workplace.

This decision ensures that the provisions of the Clerks—Private Sector Award 2020 continue to apply to relevant employees until 29 March 2021, providing a measure of certainty during a time of economic uncertainty.