[2021] FWCFB 3251


Fair Work Act 2009
s.157—FWC may vary etc. modern awards if necessary to achieve modern awards objective

Clerks–Private Sector Award 2020

Clerical industry



Clerks-Private Sector Award 2020–provisional view expressed–objections filed–hearing to proceed–directions further amended.

[1] The Clerks–Private Sector Award 2020 (Clerks Award) currently includes Schedule I-Award flexibility during the COVID-19 pandemic. Schedule I was originally inserted into the Clerks Award on 28 March 2020 1 and was due to expire on 30 June 2020. The Schedule has been varied by 4 subsequent decisions of the Commission and is now due to cease operation on 30 June 2021.

[2] On 29 April 2021, we issued a Statement 2 expressing the provisional view that Schedule I should not be extended and should cease operation on 30 June 2021. This provisional view was expressed following the receipt of correspondence from the Australian Council of Trade Unions, Australian Services Union, the Australian Chamber of Commerce and Industry and the Australian Industry Group asking the Commission to discontinue the current matter.

[3] The provisional view was opposed by two organisations: HR Central and HR with Ease. On 18 May 2021, the Full Bench issued a further Statement 3 setting out directions for the filing of further material.

[4] On 4 June 2021, HR Central wrote to the Commission noting that it had unintentionally missed the filing deadline of 28 May 2021 and requesting further time to respond to the Statement dated 18 May 2021. Accordingly, the directions are amended as follows:

1. Any interested party opposing the provisional views that the matter should be discontinued and that Schedule I should cease operation should file any further submissions or evidence in support of their views, including the duration of any proposed extension by 4:00pm (AEST) on Friday 11 June 2021.

2. Submissions and evidence in reply should be filed by 4:00pm (AEST) on Wednesday 23 June 2021.

3. A hearing will be listed at 3:00pm (AEST) on Friday 25 June 2021.

4. Parties wishing to appear at the hearing are to provide the name, direct number and organisation by 4:00pm (AEST) on Thursday 24 June 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 1690

 2   [2021] FWCFB 2326

 3   [2021] FWCFB 2827