- Published
The Fair Work Commission (FWC) has been reviewing a model “working from home” clause for the Clerks – Private Sector Award since 2024. The clause is expected to be released sometime in 2026 and may affect flexibility, hours of work, breaks, and allowances for employees performing remote work.
What We Know So Far
- The FWC consultation process has considered input from both employer groups and unions, highlighting the need for modern awards to reflect modern working practices.
- Current award provisions assume fixed office hours and continuous work, which may not suit hybrid or flexible arrangements.
- Employers have argued for less prescriptive rules to allow flexibility without triggering additional penalties or entitlements.
- Unions are pushing for clearer rights to WFH where roles can reasonably be performed remotely.
- Broader political developments, such as Victoria’s proposed legislation for a legal WFH right, indicate growing momentum around formalising remote work entitlements.
What This Means for Employers
While the clause is not yet finalised, employers should prepare for:
- Increased employee requests to work from home
- Potential changes to award obligations covering hours, breaks, and allowances
- The need to update remote work policies and agreements to remain compliant
Practical Steps to Take Now
- Review existing WFH policies and flexible work arrangements
- Ensure consistent processes for assessing and approving WFH requests
- Train managers on handling requests in line with current awards
- Keep an eye on the FWC release and be ready to update contracts or policies accordingly
- Seek advice if you are unsure – contact the Edwards HR team with any questions you have
Being proactive will help your business navigate these changes smoothly and maintain compliance while supporting employee flexibility.
Need Assistance?
For tailored advice on how these developments may affect your business, get in touch with our HR experts who can provide guidance and support.
