Working from home has become a normal part of many workplaces. But does that mean employees have a right to work from home?
It’s a question that’s been getting more attention, particularly following the Fair Work Commission’s recent decision to introduce new working from home provisions into the Clerks – Private Sector Award 2020.
The changes, which commence on 26 October 2026, provide a new framework for working from home requests and greater flexibility around working hours and breaks.
But they don’t give employees an automatic right to work from home.
If you have employees covered by the Clerks Award, here’s what you need to know.
There is a new clause (Clause 5A) into the Clerks Award, allowing employees to formally request working from home arrangements and providing greater flexibility around how certain working hours and breaks can be managed.
The new provisions establish a framework for requesting and agreeing to working from home arrangements, while allowing certain Award requirements to be varied by written agreement.
One of the biggest changes relates to how working hours and breaks can be arranged when employees work from home.
Under the existing Clerks Award, there are specific requirements around ordinary hours, rest breaks and meal breaks. These don’t always fit neatly with the way people work from home. For example – an employee might want to start work earlier, take a longer break during the day to collect their children from school, and finish their remaining hours later.
While this might suit both you and your employee, it can create compliance issues if the arrangement doesn’t align with the Award.
From 26 October 2026, the new provisions will allow you and your employee to enter into written working from home agreements that can:
The Commission has also confirmed that existing Award provisions can be used to agree to variations in the spread of ordinary hours, including starting as early as 6am or finishing as late as 8pm, and making up ordinary hours at another time within the permitted spread.
These arrangements must meet the relevant Award requirements, be agreed in writing and be kept as part of your time and wages records.
Not automatically.
While the new clause gives employees covered by the Clerks Award the ability to formally request a working from home arrangement, it does not introduce an unconditional entitlement to work from home.
An employee’s requests must be made to you in writing and outline the proposed arrangement, including the days, number of days, proportion or pattern of days the employee wishes to work from home.
You should also remember that eligible employees may have separate rights to request flexible working arrangements under the National Employment Standards.
The key is understanding which provisions apply to the particular request and ensuring you respond appropriately.
If you already have employees working from home, you might be wondering whether you need to change anything.
The answer will depend on how those arrangements currently operate.
Just because an arrangement has been working well for both you and your employee doesn’t necessarily mean it complies with the Award.
Take some time to review how employees are actually working from home.
Are they taking breaks at different times?
Are they splitting their working day around family responsibilities?
Are they working outside their usual hours?
These are the types of arrangements the new provisions are designed to accommodate, provided the relevant requirements are met.
Informal arrangements can be convenient, particularly in smaller businesses.
But where you’re relying on the new Award provisions to vary working hours or breaks, the arrangements need to be documented in writing.
Make sure you clearly record what’s been agreed and retain the agreement with your employment records.
If employees are working different hours or splitting their working day, make sure your time recording and payroll processes accurately reflect the arrangement.
This is particularly important where penalty rates, overtime or other Award entitlements may apply.
If your managers are responsible for approving working from home requests, they need to understand the new provisions.
They should know when an agreement needs to be documented, what flexibility is available and when to seek advice before approving an arrangement.
While these changes currently apply only to employees covered by the Clerks – Private Sector Award, they could have broader implications for other industries.
The Fair Work Commission effectively used the Clerks Award proceedings as a starting point to consider how existing Award provisions accommodate working from home and whether changes were needed.
It’s possible that the new arrangements could provide a template for changes to other Modern Awards, particularly in industries where working from home is common.
For now, though, the changes are specific to the Clerks Award. If your employees are covered by another Award, you’ll need to continue following its existing requirements unless and until changes are made.
Working from home has become part of everyday working life for many businesses, but employment obligations haven’t always kept pace with how these arrangements operate in practice.
The changes to the Clerks Award are a positive step towards recognising that flexibility can look different from one workplace to another.
For you, the opportunity is to make sure the arrangements you’re offering your employees are not only practical and supportive, but also compliant.
And if you’ve had informal working from home arrangements in place for some time, this is a good reminder that it’s worth checking whether they’re still appropriate under the Award.
Need help reviewing your working from home arrangements?
If you’re unsure how these changes apply to your business, or you’d like assistance reviewing your working from home agreements, policies or Award compliance, the Aster HR team is here to help.
