- Published
From 26 October 2026, a new clause will be added to the Clerks—Private Sector Award 2020, setting out how employers and employees can agree on working-from-home arrangements.
But here’s the interesting part…
The unions had pushed for stronger protections, including a requirement for employers to respond within 14 days and specified grounds for refusing a request.
The Commission did not adopt that approach.
So, what has changed?
Under the new clause:
- Employees can request a WFH arrangement in writing, specifying their proposed working pattern, such as the days or proportion of days they want to work from home.
- If an arrangement is agreed, it must be documented in writing, including the working pattern, location, start date and how the arrangement can be changed or ended.
- Existing WFH arrangements can also be formalised, allowing employers and employees to document current arrangements rather than just new ones.
The clause also provides a mechanism for agreed arrangements to accommodate certain Award requirements relating to ordinary hours and breaks.
Does this mean employees can automatically work from home?
No. The clause allows an employee to request a WFH arrangement and an employer to agree to it. It does not create an automatic entitlement to work from home.
Importantly, the new clause applies to employees covered by the Clerks—Private Sector Award 2020. Other rights to request flexible working arrangements under the Fair Work Act may still apply to eligible employees.
What should employers do now?
One point worth noting is that the Commission identified that some existing WFH arrangements may not comply with current Award rules around working hours and breaks.
If you have employees working from home, it’s worth checking:
- Which Award applies to each employee.
- Whether existing arrangements meet the relevant Award requirements.
- Whether agreed arrangements are properly documented.
Read the full Fair Work Decision here.
Need a hand reviewing your WFH arrangements?
Edwards HR can help you review your current practices, identify potential gaps and work through what needs to be updated.
