If you employ office or admin staff, a change to the Clerks - Private Sector Award 2020 starts on Monday 26 October 2026. The Fair Work Commission has added a new clause 5A covering requests to work from home. It does not hand employees a right to work from home, but it does create a clear process that you should be ready for.

What the new clause says

According to the Fair Work Ombudsman's award page, an employee may request, and an employer may agree to, an arrangement to work from home. The request must be in writing and set out the day or days of the week, or the number, proportion or pattern of days, the employee is asking for.

Commentary from Employment Hero notes that the Commission rejected a model that would have presumed approval, and that the clause sets no response deadline. The decision to agree or refuse stays with you.

What goes in the agreement

If you do agree, the arrangement must be in writing and cover:

  • The work from home days and the work location.
  • Any agreed changes to how the award applies, such as continuous ordinary hours, when hours are worked, and the timing of rest and meal breaks.
  • Any facilitative agreements, for example on start and finish times or time off instead of overtime.
  • The start date.
  • How either party can vary or end the arrangement.

The agreement must be made without coercion or duress. You must keep it as a time and wages record and give the employee a copy. Overtime and penalty rates are not changed by the clause.

What to do now

  • Check your award coverage. The clause applies to employees covered by the Clerks Award. Other awards are not affected yet.
  • Write down existing arrangements. Law firm Lander and Rogers points out that the clause can be used to formalise informal work from home setups already in place.
  • Create a simple template. A one page agreement covering the items above will save time when requests arrive.
  • Handle requests consistently. Treating an employee badly for asking could raise general protections issues, so keep a record of how you decided.
  • Know the other pathway. Employees can still make a flexible working request under section 65 of the Fair Work Act, which has its own rules.
  • Keep your dispute process handy. Disagreements can go through the award's dispute resolution clause.

If you are unsure whether the Clerks Award covers your staff, check the award finder on the Fair Work Ombudsman website or ask your accountant or HR adviser before the change starts.

This article is general information only and does not take your circumstances into account.