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

[2025] FWCFB 55

[2025] FWCFB 55

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)

Clerical industry
JUSTICE HATCHER, PRESIDENT DEPUTY PRESIDENT O’NEILL COMMISSIONER MCKINNON	SYDNEY, 20 MARCH 2025

Proposed variation on the Commission’s own initiative – working from home – Clerks–Private Sector Award 2020 – employer and employee surveys – draft survey questions – conference with interested parties to determine final form of research questions.

1. On 3 March 2025, we issued a statement which included a set of draft survey questions for parties’ feedback and comment.[1] Interested parties were directed to file submissions as to the proposed questions by 10 March 2025.

1. The Commission received five submissions, from:

   ·Professor Alison Preston;[2]

   ·Business New South Wales and Australian Business Industrial (ABI);[3]

   ·the Australian Services Union (ASU);[4]

   ·the Australian Chamber of Commerce and Industry (ACCI);[5] and

   ·The Australian Industry Group (Ai Group).[6]

1. Professor Preston’s submission primarily related to the employee survey and compared the survey design with that of a study of working from home in the university sector during COVID-19. ABI, the ASU, ACCI and the Ai Group each raised concerns with specific questions in both the employee and the employer surveys, and suggested alternate or additional questions.

1. Of particular note, Ai Group submitted the following: [7]

In the context of other major proceedings, the Commission has facilitated engagement with and between interested parties over the content and conduct of Commission facilitated surveys. There may be value in a similar process being undertaken once submissions have been received, for example by way of a further conference before the Commission. […] Given these considerations, we suggest that the matter be listed for a brief conference to determine the next steps in the conduct of the matter.

1. Considering all the submissions received, and noting a conference was previously held with interested parties on 25 November 2024, Commissioner McKinnon will hold an additional conference to settle the final form of the survey questions. This conference will be held on 2:30 pm (AEDT) on Friday, 21 March 2025, in person in Sydney and by video using Microsoft Teams for parties unable to appear in person. A Notice of Listing is issued with this statement.

1. During this conference, Swinburne University of Technology will present a revised set of survey questions, taking into account the feedback received from the parties in their submissions.

1. As a result of the conference, we have determined to vacate our second direction, initially given in our statement of 24 October 2024, that parties were to file any submissions and evidence in reply by 23 May 2025.[8] The date for this will be revisited at the next directions hearing.

1. We maintain our other directions:

(1)that parties file any proposals for a working from home clause, submissions and evidence by 4:00 pm (AEDT) on Friday, 28 March 2025; and

(2)that the matter is listed for further directions and programming at 9:30 am (AEST) on Friday, 6 June 2025.

PRESIDENT

[1]  [2025] FWCFB 47.

[2]  Submission by Professor Alison Preston, 6 March 2025.

[3]  Submission by Business New South Wales and Australian Business Industrial, 7 March 2025.

[4]  Submission by Australian Services Union 10 March 2025.

[5]  Submission by Australian Chamber of Commerce and Industry, 10 March 2025.

[6]  Submission by The Australian Industry Group, 11 March 2025.

[7]  Ibid [7]–[8].

[8]  [2024] FWCFB 407 [11].

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