Award Flexibility During Coronavirus

Due to the impact of coronavirus on workplaces, the Fair Work Commission has varied the Clerks Private Sector Award, the Restaurant Industry Award and the Hospitality Industry (General) Award.

These variations are now in force and will operate until 30 June 2020.  The Fair Work Commission has indicated that they may extend this if necessary or if an application is made to the Commission to extend it.

Clerks – Private Sector Award

The variations to the Clerks Award are as follows:-

1. An employer can direct an employee to perform duties within their skill and competency regardless of whether such duties are typical for their classification, provided the duties are safe and the employee is qualified to perform such duties. However, an employer must not reduce an employee’s pay if an employee is directed to perform duties below their usual classification
2. Minimum hours of engagement for part-time and casual employees working from home has been reduced from 3 hours to 2 hours.
3. Ordinary hours of work have been varied for employees working at home to allow employees to spread out their work hours rather than working continuously. Upon agreement with their employer, this variation allows employees to spread their hours of work between 6:00am and 11:00pm Monday to Friday and between 7:00am and 12.30pm on Saturday.
4. The ability for employers and employees to agree to a temporary reduction in ordinary hours for full-time and part-time employees for a specified time.
   1. The agreement must be consented to by a minimum of 75% of the full-time or part-time employees affected. In order for the vote to be valid and prior to it taking place, it must comply with the following requirements:-
      1. If any of the employees are members of the Australian Services Union or another organisation, the employer must inform the organisation;
      2. Should they wish to gain advice, the employer must provide the employees with the contact details of the Australian Services Union; and
      3. The employer must notify the Fair Work Commission of the impending vote including the details of the employees who are participating in the vote;
   2. Employees ordinary hours can be reduced by a maximum of 25% of the ordinary hours applicable to the employee immediately prior to the temporary reduction;
   3. The variation does not prevent employers and individual employees agreeing to reduce the employee’s hours of work with commensurate reduction in wage; and
   4. If an employee’s hours have been reduced in accordance with the varied award, the employer must not unreasonably deny an employee’s request to engage in secondary employment and the employer must consider reasonable requests for training, professional development and study leave.
5. If an employer has to close-down its operations, they can require an employee to take annual leave with one weeks’ notice, or a shorter period if agreed between the parties. If this occurs, the following apply:-
   1. Where an employee has not accrued sufficient leave to cover the close-down, the employee can be paid for the period that they have accrued annual leave and given unpaid leave for the remainder of the period; and
   2. An employer and employee may agree to an employee taking up to twice as much annual leave at half the rate of pay for the period.

Hospitality Industry (General) Award

The variations to the Hospitality Award are as follows:-

1. An employer can direct an employee to perform duties within their skill and competency regardless of whether such duties are typical for their classification, provided the duties are safe and the employee is qualified to perform such duties.
2. Provides employers with broader powers to reduce the hours of work for their permanent employees. It allows employers to:-
   1. Direct full-time employees to work an average of between 22.8 hours and 38 hours per week with the employee to be paid on a proportional basis; and
   2. Direct part-time employees to work an average of between 60% and 100% of their guaranteed hours per week with the employee to be paid on a proportional basis.

This is subject to employers consulting with the affected employees with as much notice as is practicable. If employees are members of a union the employer must notify the union of the proposed change.

3. Taking into consideration the personal circumstances of the employee, an employer may direct an employee to take annual leave with 24 hours’ notice.
4. If agreed between employer and employee, an employee may take up to twice as much annual leave at half the rate of pay for the period.

Restaurant Industry Award

The variations to the Restaurant Industry Award are as follows:-

1. An employer can direct an employee to perform duties within their skill and competency regardless of whether such duties are typical for their classification, provided the duties are safe and the employee is qualified to perform such duties.
2. Provides employers with broader powers to reduce the hours of work for their permanent employees. It allows employers to:-
   1. Direct full-time employees to work an average of between 22.8 hours and 38 hours per week with the employee to be paid on a proportional basis; and
   2. Direct part-time employees to work an average of between 60% and 100% of their guaranteed hours per week with the employee to be paid on a proportional basis.

This is subject to employers consulting with the affected employees with as much notice as is practicable. If employees are members of a union the employer must notify the union of the proposed change.

1. Taking into consideration the personal circumstances of the employee, an employer may direct an employee to take annual leave with 24 hours’ notice.
   1. If an employee is directed to take annual leave, they may agree with the employer to taking up to twice as much annual leave at half the rate of pay for the period.
2. If an employer is required to close-down its operations, they can require an employee to take annual leave with one weeks’ notice, or a shorter period if agreed between the parties.
   1. Where an employee has not accrued sufficient leave to cover the close-down they can be paid for the period that they have accrued annual leave and given unpaid leave for the remainder of the period.