In August 2026, the Fair Work Commission (FWC) announced that it had developed a new working-from-home term to be included in the Clerks - Private Sector Award. The clause aims to support employers and employees in making "workable" work-from-home arrangements.
This move followed the Modern Award Review 2023-24, which identified the Clerks Award as the award covering workers most likely to regularly work from home (the FWC estimates over 40% of clerical and administrative employees regularly work from home versus 31.5% of all other occupations).
The new term aims to create clear provisions that cover modern work practices while simplifying compliance for employers (many existing work-from-home arrangements breach current award rules, e.g. continuous hours, set break times).
What does the draft clause say?
Under the proposed term, every employee covered by the Clerks - Private Sector Award can request a work-from-home (WFH) arrangement. The request must be in writing and specify the days the employee proposes to work from home.
Employers don't have to approve WFH requests, but if they approve they must create a WFH agreement that is signed by both parties. The agreement sets out:
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The day(s) the employee can work from home.
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The location where work is to be performed.
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Any changes to award provisions, e.g. continuous performance of ordinary hours, meal or rest breaks.
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The start date.
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The process for terminating the WFH arrangement (by either party).
Any WFH agreement must be entered into without coercion or duress by either party. Employers must store the agreement (as a time and wages record) and provide a copy to the employee.
The new WFH term will operate alongside the rights of employees to request flexible work arrangements under the Fair Work Act, and once in force it will amount to a workplace right covered by the general protections framework.
What's next?
Interested parties have until 5pm (AEST) on 17 September 2026 to make submissions on the FWC's draft term.
While there may be changes to the final version of the clause, we recommend employers with workers covered by the Clerks Award should review their current work-from-home provisions and document any existing arrangements in writing.
To find out more about the progress of the new clause, visit the Fair Work Commission website.
