In an August 2026 decision, the Fair Work Commission (FWC) ruled that its findings about the extent and characteristics of working from home arrangements for employees and employers covered by the Clerks—Private Sector Award 2020 (Award) did not justify a major regulatory intervention compelling employers to allow employees to work from home in a wider range of circumstances.

Instead, the FWC has decided the Award should allow the employer to refuse an employee’s request to a working from home arrangement, but accommodate it if agreed.

Therefore, on and from 26 October 2026, clerical employees whose employment is regulated by the Award have a specific right to request an arrangement permitting them to work from home.

The Award supplements and does not detract from the National Employment Standard right to request flexible work arrangements or the Award right to make individual flexibility arrangements.

Working from home requests under the Award

The request for a working from home arrangement (performance of duties at the employee’s residence or at another location that is approved by the employer) must:

• be made in writing; and
• specify the day(s) of the week, or the number, proportion or pattern of days, that the employee proposes to work from home.

To facilitate the arrangement, the employee and employer can agree to modify the application of the Award provisions dealing the ordinary hours and rest breaks, including the spread of ordinary hours, making up time taken off during working hours, changes to start and finish times, time off instead of payment for overtime and working ordinary hours continuously.

Working from home agreements under the Award

Any agreement about a working from home arrangement made as a result of a request under the Award must be in writing and identify:

• the day(s) of the week, or the number, proportion or pattern of days, on which it is agreed the employee may work from home;
• the location where work is to be performed when working from home;
• any Award terms modified to facilitate the arrangement;
• the start date of the arrangement; and
• how the arrangement may be varied by agreement or terminated by either party.

An agreement about a working from home arrangement must be one that is made by the individual employee and the employer without coercion or duress.

The employer must keep the agreement as a time and wages record, and give a copy to the employee.

Working from home disputes under the Award

Disputes about requests for working from home arrangements under the Award clause may be dealt with under the Award dispute resolution (noting this does not allow arbitration by the FWC without consent of the employer and employee).

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