Employers covered by the Clerks – Private Sector Award 2020 should be aware that a new working from home (WFH) award term will commence on 26 October 2026, following confirmation by a Full Bench of the Fair Work Commission.
The new term gives employees a formal right to make a written request to work from home.
Importantly, it does not create an entitlement to work from home, nor does it impose a “right to request” regime equivalent to the flexible working arrangements provisions under the Fair Work Act. The Commission reaffirmed its view that most WFH requests are already approved, and that there was no justification for a more prescriptive regulatory framework.
A minor amendment requires employees to be specific in their request, including details of the proposed days and the frequency or pattern of working from home.
The Commission also rejected a proposal to delay the commencement of the new term, finding that it operates on a consensual basis and does not create a compliance burden for employers who do not agree to a proposed arrangement.
What this means for employers
While the change is not expected to significantly alter existing workplace practices, employers should review their policies and processes to ensure they are prepared to receive and consider employee requests made under the new award provision. Businesses covered by the Clerks Award should also ensure any existing WFH arrangements remain compliant with award requirements.
If you would like advice on how these changes may affect your workplace, please contact a member of the Mullins Employment team.
