Using this guide:

  • The guide demonstrates how Tanda assists to meet the requirements of the award.

  • Highlighted Text beginning with the 'πŸ“œ' icon shows the relevant clause in the Award.

  • This guide details the most common sections of the Award. To view the full Award please refer to the Clerks - Private Sector Award 2020 on the Fair Work Ombudsman website.

  • This guide was last reviewed on 3 November 2022.

This article will cover the below aspects of the Clerks - Private Sector Award Template:

Classifications

Enabling the Award Template

Firstly you will need to enable the Clerks - Private Sector Award 2020 Managed Template in your account. To do this, go to Compliance > Award Template > Apply Template.

Select the relevant payroll system. Scroll down the page to Apply an Award then click Enable on the award template you would like to apply to your account.

Once the award template has been enabled you have the option to add staff to the award via the + Add Staff to Award button or via the process outlined below.

For further information on how to configure the settings in your account including automatic breaks and public holidays, please see the article Configuring Settings.

Classification of Staff

To add an employee's classification and pay grade, go to Workforce > Staff > (Employee Name) > Payroll. From the 'Industry Award' dropdown, select the award applicable to the employee, as below.

A series of tags have been created to suit each employee. These are:

Clerks - Private Sector Award Employment Tags:

  • Full Time

  • Part Time

  • Casual

  • Full Time Shiftworker

  • Part Time Shiftworker

  • Casual Shiftworker

  • Salaried

For each employee, one of these tags must be entered into their profile under 'Employment Type'.

You will also need a pay grade for each staff member, to be selected under 'Classification/Level'. These correspond to those stipulated within the Award and are listed below:

Clerks - Private Sector Award Pay Grade Classifications:

  • Level 1 Year 1

  • Level 1 Year 2

  • Level 1 Year 3

  • Level 2 Year 1

  • Level 2 Year 2

  • Level 3

  • Level 4

  • Level 5

  • Call Centre Principal Customer Contact Specialist

  • Call Centre Technical Associate

Please see the below example of an employee configured to be a Part-Time employee paid at the Level 2 Year 1 rate.

For further information on configuring salaried staff specifically, please see the Salaried Staff article.

Casual Loading

πŸ“œ Clause 11.1 An employer must pay a casual employee for each hour worked a loading of 25% on top of the minimum hourly rate otherwise applicable under Clause 16 - Minimum rates.

Under the Clerks - Private Sector Award, casuals are entitled to a loaded rate at the multiplier of 1.25x. Casual loading in Tanda is applied using the multiplier method.

In the Employee Profile in Tanda, the casual rate is expressed in the Monday to Friday pay rate with the base hourly rate showing the rate without the loading added. This is demonstrated in the above image.

The base hourly rate is always expressed as 1.25x on the timesheet and where applicable, penalty rates are expressed with the additional casual loading amount.

Part-Time Employee Set Up

The Clerks - Private Sector Award outlines that a Part-Time employee are to have agreed guaranteed hours.

πŸ“œ Clause 10.1 Definition of a part-time employee

A part-time employee is an employee who is engaged to work for fewer ordinary hours than 38 per week on a reasonably predictable basis.

πŸ“œ Clause 10.2 Setting guaranteed hours and availability

At the time of engaging a part-time employee, the employer and employee must agree in writing on all of the following:

(a) the number of hours to be worked each day; and

(b) the days of the week on which the employee will work; and

(c) the times at which the employee will start and finish work each day.

Regular Pattern of Work (Guaranteed Hours)

To record a Part Time employee's regular pattern of work in Tanda navigate to Workforce > Staff > (Employee Name) > Payroll > Regular Hours > Click 'Edit regular hours' button. Enter the applicable hours in the below and then select 'Save'.

image.png (1023Γ—609)

Minimum Base Hours

An employee's minimum hours can be set in the Employee Profile in Tanda to assist in reminding managers when rostering of the obligations to provide minimum hours. To do this navigate to Workforce > Staff > (Employee Name) > Payroll > Regular Hours > Click 'Edit regular hours' button and enter the applicable hours in the Minimum Base Hours field:

NOTE: The minimum hours functionality considers a weekly time period, but may still be useful as a reminder when using a roster period longer than a week.

Managers are then alerted on the roster if the guaranteed hours are not met:

For more information on setting up regular hours of work for part-time employees, please see Configure employee contract hours (regular hours of work).

For information on varying the contract hours for part-time employees, please see Have employees mutually agree to variations from their contract hours.

For information on unavailability in Tanda, please see Managing Leave Requests and How to submit leave and unavailability requests.

Paying Higher Base Rates

If employees are paid a base rate higher than the Award Rate, simply enter the employee's base rate in the highlighted field below. This will override the rate in the system, and penalty rates and overtime will be calculated from this new rate.

For further information, please see the Pay Above Template article.

Age Classifications

When setting up the employee's profile, please ensure their date of birth has been correctly entered. Tanda will automatically pull this age and apply the correct rate.

For example, if an employee is 16 years of age Tanda will automatically apply the correct rate for the classification. Please see the below:

When a junior employee has a birthday resulting in a change to their hourly rate, the rate in Tanda will automatically update on the birth date.

For further information on setting up your employees in Tanda, please see the article Assign Payroll Classifications to Staff.

Higher Duties

πŸ“œ Clause 19.3 Higher Duties Allowance

The employer must pay an employee required to perform any of the duties of a higher classification for more than one day at least the minimum rate applicable to the higher level under this award.

Under the Clerks - Private Sector Award, an employer is required to pay an employee who performs duties of a higher classification at the higher classification rate.

If the employee performs higher duties for more than one day, they are entitled to be paid the higher classification for the entire day.

There are two options for configuring and applying higher duties in Tanda:

  1. Automatically based on the team that a shift is worked in. This is achieved using associated tags.

  2. Manually by allocating the higher duties tag on a timesheet.

To learn how to set up higher duties for the Clerks - Private Sector Award, please see Automatically Pay Employees a Higher Rate When Working in Another Team.

Timesheets

General

Once the employee classification has been set up, the rules applicable to that worker will now apply on the employee's Timesheet when a shift is worked. So, for example, an 8am to 5pm shift on a Monday will demonstrate the ordinary hours worked on this day for a Full Time employee as per below:

Overtime and Penalty Rates

The same will occur if an overtime or penalty rate applies. For example, the below shows that when a Saturday morning shift is worked, a penalty of 1.25x for a Full Time employee will apply when the condition is met.

If an employee works later than 12.30pm on a Saturday, the below shows that an overtime penalty (1.5x for the first 2 hours, 2x thereafter) applies to the hours worked outside the spread of ordinary hours for a Full Time employee.

Penalty Periods

Some examples of the penalties that are applicable under the Clerks - Private Sector Award are:

Missed Meal Breaks (Day Workers Only):

πŸ“œ 15. Breaks (employees other than shiftworkers)

15.3 An employee who works more than 5 hours at a time is entitled to one 30 to 60 minute unpaid meal break, to be taken within the first 5 hours of work and within 5 hours after resuming work after a meal break.

15.4 An employer must pay an employee who is required to work through their meal break 200% of the minimum hourly rate from when the meal break would have commenced until a meal break is allowed.

Tanda will automatically apply the missed meal break penalty to the timesheet when it is applicable.

Please see the below example of the missed meal break rules applying when the required break is taken late:

Please see the below example of the missed meal break rules applying when the required break is not taken:

Work on a Saturday:

πŸ“œ 24.2 Saturday

An employer must pay an employee at the rate of 125% of the minimum hourly rate for ordinary hours worked on a Saturday.

Tanda will automatically apply the Saturday penalty to the timesheet when it is applicable.

Work on a Sunday:

πŸ“œ 24.3 Sunday

(a) Clause 24.3 applies if under clause 13.5(b) an employee is directed to work ordinary hours on a Sunday.

(b) The employer must pay the employee at the rate of 200% of the minimum hourly rate for ordinary hours worked on a Sunday.

(c) An employee required to work ordinary hours on a Sunday is entitled to not less than 4 hours’ pay.

Ordinary hours are to be worked on a Sunday only by agreement per Clause 13.5(b).

Ordinary hours are not automated under the automated under the Clerks - Private Sector Managed Template. Please see the Award Tags section in this article for further details.

Public Holidays:

πŸ“œ 24.4 Public holidays

(a) An employer must pay an employee at the rate of 250% of the minimum hourly rate for hours worked on a public holiday or a substituted day.

Tanda will automatically apply the public holiday penalty on days that have been configured to be a public holiday.

For further information on configuring public holidays please see Configure public holidays regions.

Shiftwork Penalties:

Table 7β€”Penalty rates for shiftwork

Shift Type

Penalty Rate

(% of minimum hourly rate)

Afternoon Shift or Night Shift

115%

Permanent Night Shift

130%

Tanda will automatically apply the afternoon and night shift penalties during the applicable times as outlined by Clause 25.1(a) and (b) of the Award:

πŸ“œ 25.1 Part 6 applies to employees who are required to work their ordinary hours on any of the following shifts:

(a) a shift finishing after 7.00 pm and at or before midnight (afternoon shift);

(b) a shift finishing after midnight, and at or before 7.00 am (night shift)...

The permanent night shift penalty per Clause 25.1(c) has a manual application in Tanda. Please see the List of Award Tags section in this article for further details.

πŸ“œ 25.1(c) a night shift which does not rotate with another shift or shifts or day work and which continues for a period of 4 consecutive weeks or longer (permanent night shift).

Overtime Conditions

Some examples of overtime rules that are applicable under the Clerks - Private Sector Award are:

Automated Overtime Conditions:

  • Over fixed hours for the period

    • For example, over 38 hours in a week. For further details on how to set up the overtime averaging period in your account please see Overtime Averaging.

  • 10+ hours worked in a day

  • Work Outside the Spread of Hours (as outlined below)

    πŸ“œ 13.3 Ordinary hours may be worked between:

    (a) 7.00 am and 7.00 pm on Monday to Friday; and

    (b) 7.00 am and 12.30 pm on Saturday.

  • Less than a 10 hour break after a shift ending in overtime

  • Outside regular hours of work

  • Working on a rostered day off (RDO)

Manual Overtime Conditions:

  • Returning to Duty

  • Not Ordinary Working Day

For the above manual overtime conditions please see the List of Award Tags section of this article for further details.

Using the Worked on RDO Functionality

Under the Clerks Award, employees other than shiftworkers are entitled to overtime for working on a rostered day off:

πŸ“œ 21. Overtime (employees other than shiftworkers)

21.1 An employer must pay an employee at the overtime rate for any hours worked at the direction of the employer:

...

(d) for overtime worked on a rostered day off that is not substituted or banked

This automated functionality has been added to the Clerks Award Managed Template. These changes are applicable to the below day worker employment classifications:

  • Full Time

  • Part Time

  • Casual

To categorised a shift as a 'Rostered Day Off' go to 'Rosters' in Tanda and view the roster via the 'Staff View' drop down on the roster viewing menu:

Select the day that is the RDO and click the 'Roster Day Off' button:

The day will now be marked as a rostered day off in the roster:

The times in the Roster Day Off field can be edited to reflect the accurate 24 hour period the employee will be on an RDO:

If there are no times entered the default will be midnight to midnight.

If the employee then subsequently works on this day the 'RDO Worked' overtime rules will automatically apply to the time worked:

If the employee starts working prior to the set RDO period then the time worked prior will be paid at ordinary hours rates.

In this example, the RDO commenced at 9.00am and the employee commenced at 7.00am so there are two hours of work paid at ordinary hours rates prior to the overtime applying:

There is also a manual shift tag available in the Managed Template for the application of overtime for working on a RDO. For further details on the operation of this shift tag please see the 'RDO Worked' Shift Tag Operation section of this article.

Minimum Engagements

Under the Clerks - Private Sector Award, employees are entitled to minimum engagement periods.

Part Time Employees

πŸ“œ 10.5 An employer must roster a part-time employee on any shift for a minimum of 3 consecutive hours.

The minimum engagement outlined above has been built into the Managed Template to buffer the time worked if it is less than 3 hours.

Please see the below example of a Part Time employee who only worked 2 hours on a weekday:

Casual Employees

πŸ“œ 11.4 An employer must pay a casual employee for a minimum of 3 hours’ work on each engagement even if they are rostered to work for fewer than 3 consecutive hours.

The minimum engagement outlined above has been built into the Managed Template to buffer the time worked if it is less than 3 hours.

Public Holidays

πŸ“œ 24.4(d) An employee required to work on a public holiday is entitled to not less than 4 hours’ pay.

The above minimum engagement on a public holiday will automatically apply in the timesheet for all employee if they have worked less than 4 hours.

Award Template Tags

List of Award Tags

In Tanda, award tags are usually applied to a timesheet in order to apply a manual overtime rule or override an automatic overtime rule.

Under the Clerks - Private Sector Award Managed Template the available shift tags are:

Working on RDO


πŸ“œ 21. Overtime (employees other than shiftworkers)

21.1 An employer must pay an employee at the overtime rate for any hours worked at the direction of the employer:

(d) for overtime worked on a rostered day off that is not substituted or banked...

This shift tag is only applicable to employees who are classified as day workers (are not shiftworkers). This shift tag is to be used when an employee works on a rostered day off. When the shift tag is applied to the timesheet overtime rates will be paid for the time worked. Please see the below example of this shift tag being applied in the timesheet:

Before application of the Working on RDO shift tag:

After the application of the Working on RDO shift tag:

Return to Duty

πŸ“œ 21.5 Return to duty

(a) An employer must pay an employee at the overtime rate specified in clause 21.4 where an employee is required to return to duty after the usual finishing hour of work for that day.

(b) The employer must pay an employee a minimum payment of 3 hours under a requirement in clause 21.5(a).


This shift tag is only applicable to employees who are classified as day workers (are not shiftworkers). This shift tag is to be used when an employee is required to return to work. When the shift tag is applied to the timesheet overtime rates will be paid for the time worked. The shift tag will also buffer the shift to the required 3 hour minimum engagement if the time worked is less than this.

Sunday Work (By Agreement)

πŸ“œ 24.3 Sunday

(a) Clause 24.3 applies if under clause 13.5(b) an employee is directed to work ordinary hours on a Sunday.

(b) The employer must pay the employee at the rate of 200% of the minimum hourly rate for ordinary hours worked on a Sunday.

(c) An employee required to work ordinary hours on a Sunday is entitled to not less than 4 hours’ pay.

Ordinary hours are to be worked on a Sunday only by agreement per Clause 13.5(b).

This tag is to be used when the employee agrees to work on a Sunday. The application of this shift tag to the timesheet will change the time worked from overtime for working outside the ordinary hours to ordinary hours.

This shift tag is only applicable to employees who are classified as day workers (are not shiftworkers).

Not Ordinary Working Day

πŸ“œ 28.3 An employer must pay an employee for a minimum of 4 hours at the overtime rate specified in clause 28.1 if:

(a) the employee is required to work overtime on a Saturday, a Sunday or a public holiday (as prescribed in Division 10 of Part 2.2 of the Act);and

(b) the employee would not have been ordinarily rostered to work that day; and

(c) the work is not continuous with the start or finish of the employee’s ordinary shift.

This shift tag is only applicable to employees who are classified as shiftworkers.

This shift tag is to be used when an employee is required to work on the weekend or a public holiday and it is not an ordinary working day for the employee. When the shift tag is applied to the timesheet overtime rates will be paid for the time worked. The shift tag will also buffer the shift to the required 4 hour minimum engagement if the time worked is less than this.

Permanent Night Shift

πŸ“œ 25.1 Part 6 applies to employees who are required to work their ordinary hours on any of the following shifts:

(c) a night shift which does not rotate with another shift or shifts or day work and which continues for a period of 4 consecutive weeks or longer (permanent night shift).

This shift tag is only applicable to employees who are classified as shiftworkers and work their ordinary hours in a permanent night shift pattern.

The application of this shift tag to the timesheet will apply the permanent night shift penalty outlined in Clause 31.1 for any ordinary hours worked:

πŸ“œ Table 7β€”Penalty rates for shiftwork

Shift Type

Penalty Rate

(% of minimum hourly rate)

Permanent Night Shift

130%

Shift Starting Between 11pm-12am Day Before Public Holiday

πŸ“œ 31.2 (b) an employee who starts an ordinary shift between 11.00 pm and midnight on the day before a Sunday or public holiday that extends into that Sunday or public holiday is entitled to the Sunday or public holiday penalty rate for the time worked on that day.

This shift tag is only applicable to employees who are classified as shiftworkers.

The shift must commence between the hours of 11.00pm and 12.00am for this shift tag to be applicable.

The application of this shift tag to the timesheet result in the payment of the Sunday/Public Holiday penalty rate.

πŸ“œ Table 7β€”Penalty rates for shiftwork

Shift Type

Penalty Rate

(% of minimum hourly rate)

Saturday, Sunday or Public Holiday

150%

Set Up

You must first ensure the tag is applied to the employee's profile. To do this, go to Workforce > Staff > (Employee Name) > Payroll. Under 'Allowances and Penalties', select the appropriate shift tag.

Please see the below example where the 'Working on RDO' shift tag has been added to the employee profile.

For information on applying award tags to several employees at once, please see Bulk Categorise Staff.

To show these shift tags on the Timesheets, you must ensure you have 'Award Tags' turned on. This will give you a second dropdown box on the Timesheets, for you to select the correct shift tag to apply to the shift.

To do this, head to Settings > Timesheets > Show Advanced Settings and select the box after 'Show an extra dropdown to adjust shift cost (Award Tag)', as follows:

Now you should see the shift tags added to the profile as dropdown options next to the timesheet, as shown below:

TOIL Conditions

πŸ“œ 23 Time off instead of payment for overtime (employees other than shiftworkers)

πŸ“œ 29 Time off instead of payment for overtime for shiftwork

When an employee has an agreement with their employer that overtime worked can be accrued as time off equivalent to the amount for which payment would otherwise have been made, they are agreeing to TOIL (time off in lieu). When looking at the timesheet, the shift must be tagged as 'TOIL' so that time off is accrued instead of overtime being paid out. This is done the same way as a shift tag. Please see the below example:

Before application of a TOIL shift tag:

After application of a TOIL shift tag:

However, any of the overtime conditions that need to be shift tagged (as described in 'Shift Tags' above) will need to have their own TOIL rule selected. This process is exactly the same as above, except the tag ending in '- TOIL' should be selected instead.

The TOIL tags for this Award are:

  • TOIL

  • Working on RDO - TOIL

  • Return to Duty - TOIL

  • Not Ordinary Working Day - TOIL

Allowances

Allowances pursuant to the Clerks - Private Sector Award have been built into the Tanda system. These are divided into two key types - Automatic Allowances and Manual Allowances.

Automatic Allowances

An automatic allowance will apply to the timesheet without any manual application. The automatic allowances available are:

  • First Aid Allowance

  • Laundry Allowance - Full Time

  • Laundry Allowance - Part Time and Casual

To automatically apply this to the timesheet, you must first set up the allowance in the employee profile. To do this, go to Workforce > Staff > (Employee Name) > Payroll. Select the dropdown next to 'Allowances/Penalties' and locate the relevant allowance, for example 'First Aid Allowance'. Ensure you click the 'Update Employee Details' button at the bottom of the page to save these changes.

The allowance will then automatically apply to the employee's timesheet when applicable. Please see the below example:

Manual Allowances

Some allowances will not apply unless specifically added onto the day's timesheet.

These allowances are set up to be manually applied within Tanda, as it is not predictable when these allowances would be applicable. The manual allowances under the award are:

  • Meal Allowance (First Meal)

  • Meal Allowance (Subsequent Meal)

  • Vehicle Allowance (Car - per km)

  • Vehicle Allowance (Motorcycle - per km)

To apply a manual allowance, go to the relevant employee's timesheet and click on the '+ Add Allowances' button under the start and finish times as shown below:

Then, from the dropdown, select the manual allowance you wish to apply.

Please note that any applicable automatic allowances will appear in the dropdown, however they cannot be edited.

Enter the number of units you wish to apply, then press the 'Save Allowances' button to apply it to the timesheet. Tanda will calculate the total cost of the allowance for you.

Once saved, the allowance will now apply to the day's timesheet.

Repeat this process for each day and instance that a manual allowance is needed.

For further details on utilising allowances and shift tags, please see Applying Allowances and Shift Tags to Timesheets.

Rostering

Rosters can be printed by managers to be displayed in the workplace. To ensure rosters are as accessible as practical, rosters in Tanda can be published in the following ways:

Changes to the Roster

In Tanda, the shift acknowledgement feature can be used as a record that confirms an employee's agreement to a change.

For more information, please see Allow employees to acknowledge their worked hours.

Roster Warnings

πŸ“œ Clause 22.2 When overtime is required to be worked, employees must, wherever reasonably practical, have at least 10 consecutive hours off duty between hours worked on successive days.

To flag a warning to managers when rostering, use the minimum hours between shifts roster validation rule.

For more information on rostering in Tanda, please see Get Started: Rosters.

If you have any questions regarding the above please contact our support team via live chat or email (support@tanda.co).

For further information on this Award please see Clerks - Private Sector Award 2020.

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