Variation on the Commission’s own initiative — Clerks—Private Sector Award 2020
[2025] FWCFB 47
•3 MARCH 2025
| [2025] FWCFB 47 |
| 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 | SYDNEY, 3 MARCH 2025 |
Proposed variation on the Commission’s own initiative – working from home – Clerks―Private Sector Award 2020 – research – employer and employee surveys – draft survey questions.
This matter was commenced in September 2024 on the Fair Work Commission’s (the Commission) own initiative pursuant to s 157(3)(a) of the Fair Work Act 2009 (Cth) (FW Act). The background to this matter is contained in our statement of 29 August 2024, including working from home arrangements under the Clerks—Private Sector Award 2020[1] (Clerks Award) and a list of issues to be determined.[2]
Working from home research
The President held an initial hearing on 13 September 2024. In this hearing, the parties identified that it would be beneficial if the Commission conducted research to support the matter.[3] In a subsequent statement published on 24 October 2024,[4] we identified four options for this research:
·a data profile for the Clerks Award (Option 1);
·an adapted survey of employers covered by the Clerks Award (Option 2);
·qualitative research concerning employee preferences (Option 3); and
·a survey focusing on the list of identified issues (Option 4).
On 25 November 2024, Commissioner McKinnon conducted a conference with parties to ascertain whether a consensus could be reached as to any of the identified research options. The outcomes of that conference are detailed in our statement of 2 December 2024 (December 2024 Statement).[5] In summary, there was general consensus that Options 1 and 2 would be of benefit to parties in this matter. In respect of Option 3, the parties identified that there would be value in conducting employee-level research but expressed a preference for quantitative rather than qualitative research.
In the December 2024 Statement, we concluded that:
… both employer and employee surveys should be conducted, and each should explore a broad snapshot of issues as well as allowing comparison with data previously collected in [the 2020 employer working from home survey].[6]
Following this conference, Commission staff commenced the process for identifying one or more suppliers with appropriate expertise to conduct the employer and employee surveys (WFH Surveys). Commission staff completed this procurement process in February 2025 and have engaged Swinburne University of Technology to undertake this research.
Next steps
Swinburne University has prepared draft questions for the WFH Surveys. These draft survey questions are included below at Attachment A.
The December 2024 Statement flagged that parties would be afforded the opportunity to comment on the draft survey questions.[7] We highlight again that any such feedback should be practicable and appropriate for the scope of the WFH Surveys.
Interested parties are directed to file any submissions they wish to make as to the proposed survey questions by 4:00 pm (AEDT) on Monday, 10 March 2025. All submissions should be emailed to [email protected].
PRESIDENT
ATTACHMENT A — DRAFT RESEARCH QUESTIONS
Employee survey
This research project is a collaboration between Swinburne University of Technology and the Australian Fair Work Commission.
The purpose of this project is to investigate how Australian employees in clerical or admin roles work from home. The project specifically focuses on workers employed in clerical or administrative roles who are covered by the Clerks—Private Sector Award 2020 (Clerks Award).
To participate, you must be over 18 years of age and currently work in a role covered by the Clerks Award. The Clerks Award covers employees carrying out clerical and administrative work in the private sector. This might include filing, typing and word processing, managing accounts, invoices and orders, billing clients, maintaining records, answering phone calls, managing a reception desk, and secretarial or executive support services.
This online survey should take approximately 15 minutes to complete. Participation is voluntary and you can withdraw from the study at any time prior to submitting your responses.
Upon completion of this project, deidentified data will be provided to the Commonwealth, and a report detailing the methodology and findings of the research will be published via the Australian Fair Work Commission’s website. Findings may also be presented in peer-reviewed academic publications, such as conference presentations, journal articles, and book chapters.
This project has received a research ethics exemption from Swinburne’s Human Research Ethics Committee (SUHREC) in line with the National Statement on Ethical Conduct in Human Research.
The team conducting this research are:
oAssociate Professor John Hopkins
oProfessor Eva Kyndt
oAssociate Professor Tim Bednall
oDr Julia Tomassetti
oMs Sue Solly
Do you consent to participate in this survey?
[Yes/No - No responses SCREENED OUT]
Qualifying sample: All workers, not in public sector that work in roles covered by the Clerks Award
S1. Screen out if work in public sector
S1.1.Which of the following best describes the type of work you do?
1.Professional or higher technical work - work that requires at least degree-level qualifications (e.g. doctor, accountant, lawyer, engineer) [SCREEN OUT]
2.Manager or Senior Administrator (e.g. company director, finance manager, personnel manager, senior sales manager) [SCREEN OUT]
3.Clerical (e.g. clerk, secretary, admin, office coordinator)
4.Sales or Services (e.g. commercial traveller, shop assistant, nursery nurse, care assistant, paramedic)
5.Foreman or Supervisor of Other Workers (e.g. building site foreman, supervisor of cleaning workers) [SCREEN OUT]
6.Skilled Manual Work (e.g. plumber, electrician, cook, hairdresser) [SCREEN OUT]
7.Semi-Skilled or Unskilled Manual Work (e.g. maid, machine operator, assembler, postman, waiter, cleaner, labourer, driver [SCREEN OUT]
8.Other [SCREEN OUT]
9.NA - None of these [SCREEN OUT]
IF they select 3–4 in S2
To ensure we cover any that may fall into other codes, we will list out the jobs functions that are covered in code 3 as part of the following additional question.
Screening question 2
S2.Which of the following are your key responsibilities at your current job?
·Filing and copying documents
·Maintaining records and/or journals
·Typing and word processing
·Managing accounts, invoices, and orders (bookkeeping)
·Billing clients and customers
·Maintaining records and journals, including payroll
·Answering and screening telephone calls
·Cash handling
·Call or contact centre work
·Arranging bookings and itineraries
·Making appointments
·Attending a reception desk
·Providing secretarial and executive support services
·Other
·NA - None of these are my key responsibilities [SCREEN OUT]
Screening question 3
S3.Is your current role covered by the Clerks Award?
[Yes/No/Don’t Know – Yes and Don’t Knows will continue with the survey. *However, for the purposes of the soft launch, as discussed with client, the first n=100 participants will progress from this point].
S4.Before now, how much did you know about the Clerks Award?
1.I know quite a bit about it
2.I know a fair bit about it
3.I think I’ve heard about it
4.I don’t know anything about it
If S4 is 1–3
S5.To the best of your knowledge, do you know if you’re covered by the Clerks Award?
1.Yes, I’m sure I’m covered
2.Yes, I think I’m covered
3.I’m quite sure I’m not covered [tentative screen out]
4.Unsure
Demographic questions (dropdown lists)
·Age group,
·Gender,
·Working status (FT/PT/Casual),
·Marital Status,
·Family size (number and ages of children)
·Highest education level,
·Household income
·Business size/revenue,
·ANSZIC industry,
·Role/job type
·Location - State + Regional or Metropolitan (postcode not required)
·Non-English-speaking background?
·Are you of Aboriginal and/or Torres Strait Islander origin?
WFH requests and arrangements
Q1.Have you made a request for work from home (WFH) arrangements in your current role (other than requests made during Covid lockdown conditions)?
·Yes – it was approved
·Yes – but it was declined
·No
·I am able to WFH without seeking formal approval.
[Branch from here]
Q2.On what basis was your request for WFH arrangements approved? (Multiple selections possible)
·No special circumstances were required for approval
·I am/ was pregnant
·I am a parent, or have responsibility for the care of a child who is of school age or younger
·I am/ was a carer to a person with a disability, medical condition, mental illness or who is elderly
·I have a disability
·I am 55 or older
·I have been experiencing family and domestic violence
·I am/ was caring for or supporting an immediate family or household member who requires care or support because they are experiencing family and domestic violence
·Don’t know
·Other (free text box)
Q3.On what basis was your request for WFH arrangements declined? (Multiple selections possible)
·the requested arrangements would be too costly
·there was no capacity to change the working arrangements of other employees to accommodate my request
·it would be impractical to change the working arrangements of other employees, or take on new employees, to accommodate my request
·the requested arrangement would be likely to result in significant loss in efficiency or productivity, or have a significant negative impact on customer service
·my employer prefers that I work at the office
·my work cannot be completed from home
·privacy/security concerns (including issues with ICT)
·don’t know
·Other (please explain)
Q4.Do you currently have access to working from home (WFH) arrangements?
[Yes/No branch – No will skip to QXX]
Q5.Approximately what percentage (%) of your total work hours are spent WFH?
[0%, 20% 40% 60% 80% 100%]
[Skip this question if replied ‘No’ to QX]
Q6.In the past year, has your employer issued a return to office (RTO) mandate, restricting/reducing your ability to WFH?
[Yes/No/Don’t Know]
Q7.Which parts of your life have benefited from your ability to WFH? (Multiple selections possible)
·Household management
·Caring for pre-school child/children
·Caring for school-aged child/children
·Caring for family member with a disability
·Caring for family member who is ill
·Caring for elderly relative(s)
·Managing a personal illness
·Managing a disability
·Study/education
·Sports/exercise
·Volunteering/community service
·A second job/business
·Other (please explain – text field)
Q8.To what extent have WFH arrangements impacted your work-life balance?
[5-point Likert Scale, 1= Significant Negative Impact my Work-Life Balance, 2 = Moderate Negative Impact my Work-Life Balance, 3 = No Noticeable Impact on my Work-Life Balance, 4 = Moderate Positive Impact my Work-Life Balance, 5= Significant Positive Impact my Work-Life Balance]
Q9.To what extent have WFH arrangements impacted your mental health?
[5-point Likert Scale, 1= Significant Negative Impact my Mental Health, 2 = Moderate Negative Impact my Mental Health, 3 = No Noticeable Impact on my Mental Health, 4 = Moderate Positive Impact my Mental Health 5= Significant Positive Impact my Mental Health]
Q10.To what extent have WFH arrangements impacted your physical health?
[5-point Likert Scale, 1= Significant Negative Impact my Physical Health, 2 = Moderate Negative Impact my Physical Health, 3 = No Noticeable Impact on my Physical Health, 4 = Moderate Positive Impact my Physical Health 5= Significant Positive Impact my Physical Health]
Q11.In your opinion, do the provisions included in the Clerks Award enable or inhibit WFH?
[Enable, Inhibit, Neither, Don’t know]
Q12.On a scale of 1-5, how successful would you rate the Clerks Award, for enabling you to access WFH arrangements?
[Likert 1-5]
Q13.In your experience, what changes could be made to make it easier for employees covered by the Clerks Award to access WFH arrangements?
[Free Text Box]
Q14.If you have any other experiences or advice, regarding employees accessing WFH arrangements at your organisation, please share them with us in the box below.
[Free Text Box]
Employer survey
S1. This research project is a collaboration between Swinburne University of Technology and the Australian Fair Work Commission.
The purpose of this project is to investigate how Australian employers offer work-from-home (WFH) arrangements to their employees. This survey gauges the experiences of employers including how WFH arrangements are offered.
The project specifically focuses on WFH arrangements offered to workers employed in clerical and administrative roles who are covered by the Clerks—Private Sector Award 2020 (Clerks Award). This may apply to you even if you have an enterprise agreement in place.
To participate, you must be over 18 years of age, and you must be a senior leader and/or owner of a private-sector organisation carrying out commercial activities or business in Australia.
This online survey should take approximately 15 minutes to complete. Participation is voluntary and you can withdraw from the study at any time prior to submitting your responses. Only surveys that have been fully completed will be included in the research project analysis.
Upon completion of this project, deidentified data will be provided to the Commonwealth, and a report detailing the methodology and findings of the research will be published via the Australian Fair Work Commission’s website. Findings may also be presented in peer-reviewed academic publications, such as conference presentations, journal articles, and book chapters.
This project has received a research ethics exemption from Swinburne’s Human Research Ethics Committee (SUHREC) in line with the National Statement on Ethical Conduct in Human Research.
The team conducting this research are:
oAssociate Professor John Hopkins
oProfessor Eva Kyndt
oAssociate Professor Tim Bednall
oDr Julia Tomassetti
oMs Sue Solly
Q1.Do you meet the criteria described and consent to participate in this survey?
· Yes
· No
Skip To: End of Survey If Q1 = No
Q2.Do you currently have employees at your organisation that are covered by the Clerks Award? The Clerks Award covers employees who mainly carry out clerical and administrative work and their employers in the private sector.
Examples of clerical and administrative work include:
oFiling and photocopying,
oTyping and word processing,
oManaging accounts,
oInvoices and orders,
oBilling clients,
oMaintaining records,
oAnswering calls,
oManaging a reception desk,
oSecretarial and executive support services
Examples of employees covered by the Clerks Award include:
oAdministrative assistants
oReceptionists Bookkeepers
oClerical employees in a retail head office (if no retail activities are conducted at the office)
oDiploma qualified employees who complete financial/tax schedules or income tax returns (except where their employer is in the banking, finance or insurance industry)
oWholesale travel operators selling packages directly to other travel companies
Yes; my organisation employs administrative / clerical workers covered by the Clerks Award
Yes; my organisation has an enterprise agreement but employs administrative / clerical workers who would otherwise be covered by the Clerks Award.
No; my organisation does not employ any workers covered by the Clerks Award (4)
Unsure; my organisation employs administrative / clerical workers, but I don’t know whether they are covered by the Clerks Award
Skip To: End of Survey If Q2 = No; my organisation does not employ any workers covered by the Clerks Award
Q3.Which sector does your organisation belong to?
·Public sector
·Private sector
Skip To: End of Survey If Q3 = Public sector
Q4. Which of the following best describes your current role?
·CEO / Head of Organisation / Owner (2)
·Director / Head of Department / Executive (1)
·Senior Manager (3)
·Manager or Team Leader (47)
·Junior Manager (44)
·Administrator (48)
·Trained Professional (49)
·Skilled Tradesperson (50)
·Researcher (51)
·Student (52)
·Other (please specify)
Skip To: End of Survey If Q4 = Administrator
Skip To: End of Survey If Q4 = Trained Professional
Skip To: End of Survey If Q4 = Skilled Tradesperson
Skip To: End of Survey If Q4 = Researcher
Skip To: End of Survey If Q4 = Student
Q5. I am answering this survey on behalf of:
·My entire organisation
·My site / branch
·My team
Q6. Which of the following best describes your organisation / site / team?
·Office-based. We have a physical workplace away from home that employees typically attend. This may include commercial offices, client sites, stores, factories, warehouses etc.
·Hybrid. We have a physical workplace that employees attend, but some employees also work remotely, at least part of the time.
·Virtual. We do not have a physical workplace; employees work remotely all of the time.
Q7. Being as accurate as possible, how many employees does your organisation / site / team employ?
[Free text box]
Q8. Approximately what percentage (%) of your total workforce identifies as:
·Male
·Female
·Self-described
·Total
Q9. Approximately what percentage (%) of your total workforce are covered by the Clerks Award?
| 0 | 10 | 20 | 30 | 40 | 50 | 60 | 70 | 80 | 90 | 100 |
| Percentage (%) () |
Q10. With respect to those employees covered by the Clerks Award, approximately what percentage (%):
| Less than 10% | 10-30% | 31-50% | 51-70% | 71-90% | More than 90% |
| Have access to WFH arrangements, regardless of whether they use them | |||||
| Have had a request to WFH approved | |||||
| Have had a request to WFH declined |
Q11. Where WFH arrangements have been introduced, who typically led this initiative?
·The employer
·The employees
·Both employer and employees
Q12. On what grounds might a request for WFH arrangements, received from an employee covered by the Clerks Award, be APPROVED? (Multiple selections possible)
·A specific reason is not required to access WFH arrangements (e.g., WFH is a standard employee benefit)
·If they are/were pregnant
·If they are a parent, or have responsibility for the care of a child who is of school age or younger
·If they are a carer to a person with a disability, medical condition, mental illness or who is elderly
·If they have a disability
·If they are 55 or older
·If they have been experiencing family and domestic violence
·If they are caring for or supporting an immediate family or household member who requires care or support because they are experiencing family and domestic violence
·Employer commitment to the increase of flexible work offerings
·Other (please explain)
·Not applicable; we do not allow WFH arrangements
Q13. On what grounds might a request for WFH arrangements, received from an employee covered by the Clerks Award, be DECLINED? (Multiple selections possible)
·The requested arrangements would be too costly
·Our organisation/site/team has a preference for employees to work from the office
·There is no capacity to change the working arrangements of other employees to accommodate the request
·It would be impractical to change the working arrangements of other employees, or take on new employees, to accommodate the request
·The requested arrangement would be likely to result in significant loss in efficiency or productivity, or have a significant negative impact on customer service
·There are concerns about employees’ willingness or ability to perform their role when working remotely
·Client / customer interactions are required to be in-person
·Privacy/security concerns (including ICT)
·Other (please explain)
·Not applicable; all requests for WFH arrangements are approved
Q14. What are the key reasons employees covered by the Clerks Award are typically required to work at the office/workplace? (Multiple selections possible)
·Collaboration is more difficult when working remotely
·Employees’ jobs cannot be performed remotely
·Company policies limit opportunities for remote work
·Organisational culture discourages remote work (e.g., managers discourage it)
·Non-verbal communication is worse when working remotely
·There are fewer opportunities for networking when working remotely
·Employees are less visible when they work remotely
·There is a lack of suitable equipment (e.g., reliable Internet, home computers) for working remotely
·There is greater difficulty in accessing mentoring / professional development opportunities when working remotely
·Client / customer interactions are required to be in-person
·Concerns around employees’ workstations and/or at-home environment
·Other (please explain)
Q15. Which of the following are also available to employees covered by the Clerks Award? (Multiple selections possible)
·Compressed work week (e.g., 4-day week)
·Flexible start/finish times
·Time off in lieu (e.g., for overtime hours worked)
·Job share
·Unlimited leave
·Purchased leave (e.g., extra time off by reducing pay/salary)
·Flexible public holidays
·Fully remote work
·None
·Other (please explain)
Q16 To what extent is each of the following available to employees covered by the Clerks Award?
| Offered to all employees as a standard employee benefit | Available for most roles, with manager approval | Available for some roles, with manager approval | Available on a case-by-case basis | Rarely offered, only under exceptional circumstances | Not offered to any employees |
| Remote work / WFH | |||||
| Flexible start / finish times | |||||
| Time off in lieu |
Rating and Recommendations
Q17. In your experience, do the current provisions included in the Clerks Award enable or inhibit the ability for those employees to WFH?
·Enable
·Inhibit
·Neither enable nor inhibit
·Don’t know
Q18. How successful would you rate the Clerks Award for enabling employees covered by that award to access WFH arrangements?
·Very successful
·Somewhat successful
·Not successful or unsuccessful
·Somewhat unsuccessful
·Very unsuccessful
Q19. In your experience, what changes could be made to make it easier for employees covered by the Clerks Award to access WFH arrangements?
[Free Text Box]
Q20. If you have any other experiences, regarding employees accessing WFH arrangements at your organisation, please share them with us in the box below.
[Free Text Box]
Q21. Please answer these final questions, so that we know some basic demographic information about our participants. What gender do you identify as?
·Male
·Female
·Self-describe
·Prefer not to say
Q22. Are you of Aboriginal and/or Torres Strait Islander origin? (This is based on three criteria: (1) being a descendant of Aboriginal and/or Torres Strait Islanders, (2) self-identification as being an indigenous person, and (3) accepted as a member of the indigenous community with which he or she is associated.)
·Yes
·No
·Prefer not to say
Q23. Which of the following best describes your organisation’s size?
·Micro Business (1-4 employees)
·Small Business (5-19 employees)
·Medium Business (20-199 employees)
·Large Business (200+ employees)
Q24. Which of the following best describes the scale of your organisation?
·Local (my organisation operates within a limited geographical area, such as a town, city or state. It serves a customer base that is predominantly within this area)
·National (my organisation operates across all of Australia, and it has a nationwide customer base)
·International (my organisation operates in multiple countries across the world)
Q25. What industry sector does your business/organisation belong to?
[Drop down menu]
Q26. Where is your organisation / site / team based?
·ACT
·NSW
·NT
·Queensland
·SA
·Tasmania
·Victoria
·WA
·International
[1] MA000002.
[2] [2024] FWCFB 357.
[3] Transcript, 13 September 2024 PNs 79–92.
[4] [2024] FWCFB 407.
[5] [2024] FWCFB 447.
[6] Ibid [8].
[7] Ibid [10].
Printed by authority of the Commonwealth Government Printer
<PR784904>
0
2
0