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

Proposed variation on the Commission's own initiative - working from home - Clerks―Private Sector Award 2020 - publication of research materials - employer and employee surveys - data profile - outcomes and next steps.

1. Following the Modern Awards Review 2023-24 Final Report (Final Report),[1] the Fair Work Commission (Commission) initiated these proceedings to consider developing a working from home (WFH) term for the Clerks - Private Sector Award 2020[2] (Clerks Award). Additional information on the background to this matter is available in our statement issued 29 August 2024.[3] In subsequent statements, we set out the proposed scope of research to inform the proceedings. This statement sets out the background to and outcomes of that research program.

The presiding Member held an initial hearing on 13 September 2024 to discuss provisional issues and timetabling. In this hearing, it was also identified that a survey, data profile and/or other research would assist with relieving the evidentiary burden on parties. Research options were then developed by the Commission's Labour Standards Support Branch for discussion.[4]

Commissioner McKinnon held a conference on 25 November 2024 at which interested parties were able to reach general consensus that a data profile for the Clerks Award (prepared by Commission staff) and a quantitative survey of employers covered by the Clerks Award would be beneficial. Interested parties also expressed interest in the Commission collecting employee-level data to complement the employer survey.[5]

In a statement issued on 2 December 2024, we confirmed the scope of the WFH research and that Commission staff would commence the procurement process for a research supplier.[6] This procurement process was finalised in February 2025, with Swinburne University of Technology (Swinburne University) identified as the successful supplier.

On 3 March 2025, we issued a statement with draft WFH survey questions for feedback and comment.[7] On 20 March 2025, we issued a statement advising of a further conference before Commissioner McKinnon on 21 March 2025 to settle the final form of the survey questions.[8] A revised set of questions was distributed to interested parties prior to that conference, incorporating initial feedback received to 10 March 2025.

In the conference on 21 March 2025, Swinburne University researchers worked with the Commission and interested parties to finalise the survey questions for the employer and employee surveys. We issued another statement on 26 March 2025 regarding the subsequent steps in the proceedings.[9]

[7] Swinburne University then conducted its research between March and May 2025.

[8] The employer and employee surveys captured data on employers using the Clerks Award and employees covered by the Clerks Award. The objective of this research was to gather quality quantitative information about WFH arrangements and impediments for those covered by the Clerks Award.

[9] The Commission has now received Swinburne University's report: Clerks - Working from Home Surveys: An investigation into access to work from home arrangements under the Clerks - Private Sector Award 2020 (Swinburne report). The Swinburne report will be published to the Working from home - Clerks - Private Sector Award 2020 major case webpage on the Commission's website together with this statement.

1. In conjunction with the Swinburne report, Commission staff are preparing a research reference list to support interested parties in the matter. The reference list will compile research papers and other materials that may be useful for parties in preparing their submissions. This resource builds on the reference list that Commission staff published in 2021 as part of the previous Clerks Award 'work from home' case.[10]

[11] As identified at paragraph [3] above, Commission staff are also preparing a data profile that sets out information about WFH and the Clerks Award. The data profile will draw from existing datasets including those from the Australian Bureau of Statistics and the Household, Income and Labour Dynamics in Australia survey. The data profile will be informational and is intended to complement other research materials published for this matter.

[12] The reference list and data profile will be published on 30 May 2025. Publication of these materials will complete the identified research program for this matter.

1. As identified in our 26 March 2025 statement,[11] the timetable for filing of proposed WFH clauses, submissions and evidence, and material in reply, will be revisited at the further directions hearing before the presiding Member on 6 June 2025.

1. [1]Fair Work Commission, Modern Awards Review 2023-24 (Final Report, 18 July 2024).
2. [2]MA000002.
3. [3] [2024] FWCFB 357.
4. [4]See [2024] FWCFB 407 Attachment A.
5. [5] [2024] FWCFB 447 [5]-[6].
6. [6]Ibid [9].
7. [7] [2025] FWCFB 47 [6].
8. [8] [2025] FWCFB 55.
9. [9] [2025] FWCFB 63.
10. [10]Fair Work Commission, Research reference list - Working from home (22 June 2021) (matters AM2020/98 and AM2020/105).
11. [11] [2025] FWCFB 63.

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