The Australian Fair Work Commission (the “Commission”) has released draft wording for a proposed work-from-home clause in the Clerks - Private Sector Award 2020. While the proposal is not yet finalized, employers with Australian operations should be mindful of the proposed change, as the Clerks Award is one of Australia's most widely applied awards with coverage extending to a broad range of clerical and administrative positions. For context, an “award” is a legal document created by the Commission that sets minimum pay and working conditions for specific industries or jobs.

We also note that the Clerks Award is frequently used as a testing ground for broader administrative reforms. Similar provisions may ultimately be considered for other awards, although their scope and operation may be modified to reflect the extent to which covered roles must be performed in person.

The proposal does not seek to create a general entitlement to work from home. Instead, it would establish a formal process by which employees may request work-from-home arrangements. The proposal provides that:

• Employees may submit a request to work from home or another employer-approved location. The request must specify the proposed days and must be in writing.
• The parties may agree to modify specific award terms only, governing ordinary hours, rest and meal breaks, shift times, make-up time, and time off in lieu of overtime pay.
• A written agreement must identify the approved days and location of work,...

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