At a glance

• The Fair Work Commission (FWC) is inserting a new working from home (WFH) clauseinto the Clerks - Private Sector Award 2020 (Clerks Award).
• The new clause creates a formal process for employees to request WFH arrangements and for the parties to agree on flexible adjustments to certain award rules.
• The clause is facilitative, not compulsory - employers are not required to approve WFH requests as a result of these changes.

The proposed changes

On 27 August 2026, the FWC issued a draft determination proposing a new WFH clause in the Clerks Award. Under the proposed clause:

• An employee may request, and an employer may agree to, a WFH arrangement.
• A WFH request must be in writing and specify the proposed WFH days.
• A WFH agreement must set out:

• The day(s) on which the employee can WFH.
• The location where work is to be performed when WFH.
• Any modified terms of the Clerks Award agreed to (eg ordinary hours, meal or rest breaks).
• The start date of the WFH agreement.
• The means by which the arrangement may be terminated by either party.

A WFH agreement must be entered into without coercion or duress. Employers must keep the agreement as a time and wages record and provide a copy to the employee.

These provisions are not yet finalised - the FWC is seeking submissions on the draft; however, substantive changes are unlikely.

The reason behind the changes

The FWC developed this framework to bring clarity and structure to WFH arrangements under the Clerks Award. Key...

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