[2021] FWC 914


Fair Work Act 2009

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

ClerksPrivate Sector Award 2020



Clerks—Private Sector Award 2020–work from home case–future programming–conference listed.

[1] On 28 March 2020 the Commission issued a decision (the March 2020 Decision) granting a joint application filed by the Australian Industry Group (Ai Group) and the Australian Chamber of Commerce and Industry (ACCI) and supported by the Australian Council of Trade Unions (ACTU) and the Australian Services Union (ASU), to insert a new schedule, ‘Schedule I-Award flexibility during the COVID-19 pandemic’, into the Clerks – Private Sector Award 2020 (the Clerks Award). The new schedule came into operation on 28 March 2020 and was to cease to operate on 30 June 2020, unless extended.

[2] Since the March 2020 Decision the Commission has granted four applications to extend the operation of Schedule I. 1 The current version of the Schedule is due to cease operation on 30 June 2021.

[3] At the conference on 17 December 2020, the parties requested a conference in mid- February 2021 to continue discussions in relation to the form of any future award term dealing with working from home.

[4] In a statement issued on 11 February 2021 2, interested parties were asked to confirm whether the conference is still required.

[5] On 18 February 2021, Ai Group wrote to the Commission on behalf of each of the interested parties (Ai Group, ACCI, ACTU and ASU) and confirmed that the proposed conference in mid-February is not necessary. The parties jointly proposed that the matter be relisted after 22 March 2021, for the purpose of discussing the potential future programming of the matter. The purpose of the delay is to enable the parties to give further consideration to the form of any further potential variation in light of evolving circumstances.  

[6] A conference will be listed at 9:30am on Wednesday 31 March 2021. Parties wishing to appear at the conference are to provide the name, direct number and organisation by 4 pm on Monday 29 March 2021 to chambers.ross.j@fwc.gov.au. A notice of listing will be issued separately.


Printed by authority of the Commonwealth Government Printer


 1   [2020] FWCFB 3443, [2020] FWCFB 5199, [2020] FWCFB 6078, [2020] FWCFB 6985

 2   [2021] FWC 703