Fair Work Commission proposes working from home changes to Clerks Award

The Fair Work Commission has decided to vary the Clerks – Private Sector Award 2020 to introduce provisions specifically dealing with working from home.

A Full Bench of the Commission found that the Clerks Award should be adapted to reflect the contemporary reality of working from home. Existing provisions governing ordinary hours and meal and rest breaks were largely developed when attendance at an employer’s workplace was the norm.

Read the Fair Work Commission documents:

Importantly, the Commission did not create a general employee right to work from home. Instead, the proposed provisions are facilitative. An employee may request a working from home arrangement, but the employer must agree before an arrangement is established.

Requests will need to be made in writing and specify the proposed working from home days. Agreements must also be recorded in writing and address matters including the days and location of home-based work, when the arrangement starts and how it may be terminated.

Employers and employees will be able to agree on greater flexibility concerning when ordinary hours are worked and when meal and rest breaks are taken. Existing arrangements concerning the spread of hours, making up time and time off instead of overtime may also be incorporated.

Importantly for employers, existing overtime, penalty rate and allowance entitlements are not removed by the proposed provisions.

The Commission has issued a draft determination, with interested parties able to make submissions on drafting or technical issues by 5:00 pm (AEST) on 17 September 2026.

Employers covered by the Clerks Award should monitor the final determination and review their working from home policies and arrangements once the new provisions are settled.