Variation on the Commission’s own initiative — Clerks—Private Sector Award 2020

[2025] FWCFB 174

[2025] FWCFB 174

FAIR WORK COMMISSION

STATEMENT

Fair Work Act 2009

s 157—FWC may vary etc. modern awards if necessary to achieve modern awards objective

Variation on the Commission’s own initiative — Clerks—Private Sector Award 2020

(AM2024/34)

JUSTICE HATCHER, PRESIDENT
DEPUTY PRESIDENT O’NEILL
COMMISSIONER MCKINNON SYDNEY, 11 AUGUST 2025

Matter on the Commission’s own initiative – working from home – Clerks—Private Sector Award 2020 – correspondence from Australian Industry Group – publication of underlying data for the working from home surveys – scope of materials.

1. The Fair Work Commission (Commission) initiated proceedings in September 2024 to consider developing a working from home (WFH) term for the Clerks—Private Sector Award 2020 (Clerks Award). The background to this matter is included in our Statement of 29 August 2024, including issues to be determined.[1] This Statement addresses correspondence received from the Australian Industry Group (Ai Group) regarding survey data.[2]

Working from home research

1. The Full Bench previously identified a research program to be conducted in support of this matter. The objective of this research was to conduct surveys to gather information about WFH arrangements and impediments for employers using and employees covered by the Clerks Award. A procurement process was finalised by Commission staff in February 2025. Swinburne University of Technology (Swinburne University) was the successful supplier. A more detailed background to the research program is set out in our Statement of 26 May 2025.[3]

1. Swinburne University finalised their analysis of the WFH Surveys in a report provided to the Commission in May 2025. The report, titled Clerks – Working from Home Surveys: An investigation into access to work from home arrangements under the Clerks—Private Sector Award 2020 (Swinburne report),[4] was published to the Commission’s website on 26 May 2025.

1. On 5 June 2025, the President received correspondence from Ai Group requesting the underlying survey response data from the Swinburne report. In a directions hearing before the President on 6 June 2025,[5] it was confirmed that Commission staff would engage Swinburne University to prepare a tabulated document setting out the data for each question. The President also identified that this document would include qualitative feedback, which was collected in addition to the primary quantitative responses.

1. After some unavoidable delays, we have now received the underlying survey response data from the WFH Surveys and it has been published to the Working from home – Clerks—Private Sector Award 2020 major case webpage on the Commission’s website. As discussed above, the document contains tabulated response data for every question included in the two surveys. Data analysis involving the cross tabulation of variables that may be discussed in the report is not included.

Updated research reference list

1. An updated research reference list has also been published to the Working from home – Clerks—Private Sector Award 2020 major case webpage on the Commission’s website. Interested parties are invited to propose material for inclusion in the research reference list by email to [email protected] by no later than 4:00 pm (AEST) on Friday, 15 August 2025. Material may be provided after this time for inclusion in subsequent updates to the list.

Next steps

1. Because of the delays in the provision of the survey response data, the directions will be further amended so that parties have until 4:00 pm (AEST) on Tuesday, 19 August 2025 to lodge submissions and supporting evidence, and may lodge further submissions and evidence in reply by 4:00 pm (AEST) on Tuesday, 2 September 2025. The directions hearing will be moved to 10:00 am (AEST) on Friday, 5 September 2025.

PRESIDENT

<PR790568>

[1]  [2024] FWCFB 357.

[2]  Australian Industry Group, Correspondence, dated 5 June 2025.

[3]  [2025] FWCFB 108.

[4]  Swinburne University of Technology, Clerks – Working from Home Surveys: An investigation into access to work from home arrangements under the Clerks—Private Sector Award 2020 (AM2024/34, Fair Work Commission).

[5]  Transcript, 6 June 2025.

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