The Fair Work Commission (FWC) has determined that it will add a new working from home (WFH) provision for administration employees covered by the Clerks – Private Sector Award 2020. 

Importantly, the proposed change does not give employees an automatic right to work from home. Instead, it would introduce a formal mechanism allowing employees to request a WFH arrangement and employers to agree to a mutually suitable arrangement. 

The FWC considered, but rejected, a broader model similar to the existing statutory right to request flexible working arrangements. It found that WFH is already widespread and there was insufficient evidence that employers were routinely refusing requests without reasonable grounds. 

However, as the entitlement would become an award term it will give the worker the capacity to involve the FWC on disputes about a request. 

What would change? 

Under the proposed provision, employees could make a written request identifying the days they wish to work from home. If the employer agrees, the arrangement would be recorded in writing including days, location and commencement date of the WFH arrangement. 

The arrangement could also provide greater flexibility around matters such as working hours, breaks, making up time and time off in lieu of overtime. 

Importantly, there would be no automatic entitlement to WFH.  In addition, existing rights to request flexible working arrangements under the Fair Work Act would continue to operate separately. 

What happens next? 

The FWC has issued a draft determination, with interested parties able to make submissions on drafting and technical issues until 17 September 2026. The proposed provision is therefore not yet in effect. 

We will monitor progress on this proposal for members with workers covered by the Clerks Award and provide relevant updates.  

You can read the determination here.