At a glance
- The Fair Work Commission (FWC) is inserting a new working from home (WFH) clauseinto the Clerks – Private Sector Award 2020 (Clerks Award).
- The new clause creates a formal process for employees to request WFH arrangements and for the parties to agree on flexible adjustments to certain award rules.
- The clause is facilitative, not compulsory – employers are not required to approve WFH requests as a result of these changes.
The proposed changes
On 27 August 2026, the FWC issued a draft determination proposing a new WFH clause in the Clerks Award. Under the proposed clause:
- An employee may request, and an employer may agree to, a WFH arrangement.
- A WFH request must be in writing and specify the proposed WFH days.
- A WFH agreement must set out:
- The day(s) on which the employee can WFH.
- The location where work is to be performed when WFH.
- Any modified terms of the Clerks Award agreed to (eg ordinary hours, meal or rest breaks).
- The start date of the WFH agreement.
- The means by which the arrangement may be terminated by either party.
A WFH agreement must be entered into without coercion or duress. Employers must keep the agreement as a time and wages record and provide a copy to the employee.
These provisions are not yet finalised – the FWC is seeking submissions on the draft; however, substantive changes are unlikely.
The reason behind the changes
The FWC developed this framework to bring clarity and structure to WFH arrangements under the Clerks Award. Key findings included:
- WFH arrangements are widespread.
- Employees who WFH are predominantly female.
- Many WFH arrangements are employer-initiated.
WFH is now a well-established feature of clerical work – around two-thirds of employees covered by the Clerks Award can work from home, and only a small fraction of requests are refused.
However, many of these arrangements technically breach existing award rules designed for office-based work, such as continuous hours and set break times. The FWC found this widespread non-compliance needed to be addressed. The new clause aims to ensure the Clerks Award provides a fair and relevant safety net for modern work practices.
What should employers do now?
Businesses with clerical and administrative staff working from home should review their current arrangements now in anticipation of the new WFH provision under the Clerks Award. Formalising existing informal arrangements in writing will help manage compliance risks and provide a clear record if any dispute arises.
