Clerks Award Checklist For Office Employers

Priya runs a growing bookkeeping business in Adelaide. She hires Sam to help with emails, data entry, client files and reception for three days a week. The role feels simple enough, until Priya starts wondering which award applies, what hourly rate to use, and whether Sam can stay back during month-end without triggering overtime.

If that sounds familiar, you aren't alone. Office and admin roles can look straightforward, but the Clerks - Private Sector Award 2020 can affect classification, pay, hours, overtime, breaks and what you put in the employment contract.

The good news is that this can be manageable if you work through it in the right order.

Does The Clerks Award Apply To Your Office Or Admin Employee?

It depends on the actual duties of the role, your industry and whether another modern award covers the work more specifically.

The Clerks - Private Sector Award 2020 generally covers private sector employees doing clerical and administrative work. This can include roles such as:

• reception and front desk duties
• data entry and document filing
• accounts administration and invoicing support
• customer service administration
• office coordination
• personal assistant or executive assistant duties

The award may not apply if the employee is better covered by another modern award. For example, an admin employee in a retail business may fall under a different award if their duties and the employer's industry point that way. Some senior managers, high-level professionals or employees with genuinely managerial responsibilities may also sit outside the Clerks Award.

Don't rely on the job title alone. Calling someone an office manager or operations assistant doesn't decide award coverage. You need to look at what they actually do day to day.

A practical way to start is to write down:

• the tasks they will perform most often
• who they report to
• how much discretion or decision-making they have
• whether they supervise other staff
• which industry your business operates in

Getting award coverage wrong can lead to underpayments, backpay claims and messy contract issues. If the role sits on the line between clerical, professional, retail, hospitality or another award, it's worth getting tailored advice on award coverage before you issue the contract.

How Do You Choose The Right Clerks Award Classification?

You choose the classification by matching the employee's real duties and skill level to the classification descriptions in the Clerks Award.

This step matters because the classification drives the minimum rate of pay. The Clerks Award has levels that generally move from basic clerical tasks through to more complex administration, specialist functions and supervisory responsibilities.

For example, a new admin assistant who mainly answers phones, enters data and files documents may sit at a lower level than someone who manages accounts payable, prepares reports, coordinates staff rosters and works with limited supervision.

When you're classifying a role, ask yourself:

• Is the employee following set procedures, or making independent decisions?
• Do they need prior experience or training to do the role?
• Are they responsible for confidential information or financial processes?
• Do they supervise, train or allocate work to others?
• Will their duties grow over time?

Say Priya hires Sam for basic reception, scanning and diary management while Sam is still learning the systems. That may point to a lower clerical classification. Six months later, Sam is handling client onboarding, chasing missing records, preparing monthly reports and coordinating junior admin staff. Priya should review the classification rather than assuming the starting level still fits.

Award classification isn't a set-and-forget exercise. Review it when the employee's role changes, they take on new responsibilities, or you restructure the admin team.

What Clerks Award Pay Rates And Hours Do You Need To Check?

You need to check the minimum pay rate for the correct classification, plus the employee's employment type, hours, penalties, overtime and allowances.

The exact Clerks Award pay rates change over time, usually from the first full pay period on or after 1 July each year after the Fair Work Commission's annual wage review. The safest source for current clerks private sector award pay rates is the Fair Work Ombudsman's Pay and Conditions Tool or the official pay guide.

For a clerical employee, your pay check should cover:

• Classification: the correct Clerks Award level for the duties.
• Employment type: full-time, part-time or casual.
• Casual loading: casual employees under modern awards commonly receive a 25% loading instead of paid leave entitlements.
• Ordinary hours: generally up to 38 ordinary hours per week for full-time employees, or an average of 38 hours depending on the arrangement.
• Annual leave and personal leave: full-time and part-time employees receive National Employment Standards entitlements, including 4 weeks of annual leave per year and 10 days of paid personal/carer's leave per year for full-time employees, pro-rated for part-time employees.
• Allowances: check whether any award allowances apply to the role or work pattern.

Be careful with annual salaries and award compliance. Paying a salary doesn't let you ignore the award. If you want a salary to cover award entitlements such as ordinary hours, overtime and some penalties, the arrangement needs to be drafted carefully and tested against the award.

For annualised wage arrangements under the Clerks Award, you generally need written terms that set out what the salary covers, any outer limits on overtime or penalty hours, proper records of start and finish times and unpaid breaks, and a reconciliation at least every 12 months and when employment ends. If there's a shortfall, it needs to be paid promptly, commonly within 14 days under the award process.

When Does Overtime Apply Under The Clerks Award?

Overtime can apply when a clerical employee works outside their ordinary hours, outside the award's ordinary spread of hours, or beyond the permitted daily or weekly limits.

Under the Clerks Award, ordinary hours are usually worked between 7.00am and 7.00pm Monday to Friday, and between 7.00am and 12.30pm on Saturday. Ordinary hours are generally limited to 10 hours in a day.

For full-time employees, ordinary hours are usually up to 38 hours per week. For part-time employees, you need a clear written agreement about their regular pattern of work, including the days, start and finish times and number of hours.

Here is a worked example.

Mike runs a software consultancy in Sydney and hires Nina as a full-time office administrator. Nina's contract says she works 9.00am to 5.30pm Monday to Friday with a 1-hour unpaid lunch break. That is 7.5 paid hours per day, or 37.5 paid hours per week.

One Wednesday, Mike asks Nina to work until 8.00pm to help finalise a client tender. Nina works 9.00am to 8.00pm with a 1-hour unpaid lunch break, so she works 10 paid hours that day. The last hour, from 7.00pm to 8.00pm, is outside the ordinary spread of hours. Mike should treat that hour as overtime and check the award overtime rate that applies.

Overtime under the Clerks Award commonly attracts higher rates, such as time and a half for the first overtime period and double time after that, with different rules for Sundays and public holidays. The exact calculation can depend on whether the employee is full-time, part-time or casual, so check the current award or get advice before you build it into payroll.

Also watch after-hours emails, calls and any employee monitoring practices. The Fair Work Act 2009 now includes a right to disconnect. It started for many employers on 26 August 2024 and applies to small business employers from 26 August 2025. This doesn't ban all after-hours contact, but employees can refuse unreasonable contact outside working hours in some circumstances. Your office admin practices and contract should reflect that.

What Should Go In A Clerical Employee Employment Contract?

A clerical employee employment contract should set out the role, award position, pay, hours, overtime process and workplace rules in a way that matches the Clerks Award and the Fair Work Act 2009.

A template can be a useful starting point, but it often misses the details that matter for award-covered employees. Before you use one, have it tailored to your business, the role and the award classification.

Your contract outline could include:

1. Parties And Start Date: name your business, the employee and when employment begins.
2. Position And Duties: describe the office, admin or clerical tasks and any reporting lines.
3. Employment Type: state whether the role is full-time, part-time, casual or fixed term.
4. Award And Classification: record the Clerks Award coverage and the classification level you have assessed.
5. Pay And Benefits: set out the base rate or salary, superannuation and what the pay is intended to cover.
6. Hours And Location: include ordinary hours, days of work, office location and any remote work arrangement.
7. Overtime And Extra Hours: explain when approval is needed and how overtime or time off in lieu will be handled if allowed by the award.
8. Leave: refer to NES and award leave entitlements, including annual leave and personal/carer's leave for permanent employees.
9. Policies: link workplace policies such as IT use, employee privacy, work health and safety, bullying and harassment, and flexible work.
10. Confidentiality And IP: protect client lists, pricing, internal systems and business documents.
11. Notice And Termination: include notice rules that meet at least the NES minimums.
12. Post-Employment Obligations: cover return of property, ongoing confidentiality and any reasonable restraints if needed.

NES minimum notice periods are 1 week for 1 year or less of service, 2 weeks for more than 1 year and up to 3 years, 3 weeks for more than 3 years and up to 5 years, and 4 weeks for more than 5 years. Employees over 45 with at least 2 years of service get an extra week.

If you're hiring on a fixed-term contract, remember the Fair Work Act now limits many fixed-term arrangements to 2 years, including extensions, with some exceptions. You must also give the employee a Fixed Term Contract Information Statement when they enter, or as soon as possible after entering, the fixed term contract.

Your Practical Clerks Award Compliance Checklist

You can use this checklist before you issue the contract, set up payroll or approve the first roster.

Before You Hire

• Write a realistic position description based on the actual duties, not just the job title.
• Check whether the Clerks Award or another modern award applies.
• Choose the right classification level and keep notes on why you chose it.
• Decide whether the role is full-time, part-time, casual or fixed term.
• Check whether the employee will work from the office, remotely or across both.

Before You Send The Contract

• Confirm the current minimum pay rate using the Fair Work Ombudsman tools.
• Set ordinary hours within the award's permitted spread where possible.
• For part-time employees, record the agreed days, start and finish times and hours.
• For casual employees, check the 25% casual loading and minimum engagement rules.
• If you're using a salary, document what it covers and how you'll reconcile it.
• Add confidentiality, intellectual property and privacy clauses for office systems and client information.

After Employment Starts

• Give pay slips within 1 working day of payday.
• Keep employee records for 7 years, including pay, hours and leave records.
• Track overtime, start and finish times, and unpaid breaks where required.
• Review classifications when duties change.
• Respond to eligible casual employee choice requests within the required Fair Work Act timeframe. From 26 August 2024, many casuals can start this process after 6 months, or 12 months if you're a small business employer.
• Update pay rates from the first full pay period on or after 1 July when award rates increase.

If something has already gone wrong, start by gathering the contract, rosters, payslips, time records and any messages approving extra hours. Then compare what was paid against the award. If there's a shortfall, you'll need a plan for correcting it and communicating clearly with the employee.

Key Takeaways

• The Clerks Award may cover your office, admin or clerical employees, but you need to check duties and industry before assuming it applies.
• Classification drives minimum pay, so review it when the role changes or the employee takes on more responsibility.
• Ordinary hours, overtime, casual loading, annualised salaries and part-time patterns all need careful handling under the award.
• Your employment contract should match the Clerks Award and the Fair Work Act, not just describe the job in broad terms.
• Good records matter. Keep pay, hours and leave records for 7 years and issue payslips within 1 working day of payday.
• Getting the contract and payroll settings right from day one can help you avoid backpay issues and workplace disputes later.

If you'd like help with award coverage, clerical employee contracts, overtime clauses or annual salary arrangements, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.