All employees covered by the Clerks—Private Sector Award 2026 will soon have an ability to request working-from-home arrangements under the Award. But does this mean employers must agree?

On 19 October 2026, a Full Bench of the Fair Work Commission finalised a variation to the Clerks—Private Sector Award 2020, introducing a new clause dealing specifically with working-from-home arrangements.

The new provisions commence on 26 October 2026 and represent an important development in how flexible working arrangements are regulated under modern awards.

However, while the changes establish a formal process for requesting and agreeing to working-from-home arrangements, they do not create an automatic right for employees to work from home.

For employers, understanding the distinction is essential.

What Has Changed?

The new clause 5A, titled Requests for working from home arrangements, allows an employee covered by the Clerks Award to request permission to work from home.

Importantly, the provision operates by agreement between the employee and employer.

An employee must make their request in writing, specifying the days of the week, or the number, proportion or pattern of days, they propose to work from home.

Where an employer agrees, the arrangement must be documented in writing and address matters including:

• The days or pattern of days the employee will work from home.
• The location from which the employee will work.
• Any agreed modifications to relevant award provisions.
• When the arrangement will commence.
• How the arrangement may be varied by agreement or terminated by either party.

The agreement must be made voluntarily, without coercion or duress, and retained as an employment record.

The new provisions also allow employers and employees to formalise existing working-from-home arrangements.

Does This Give Employees a Right to Work From Home?

No. This is an important distinction.

The Fair Work Commission deliberately adopted a facilitative approach rather than introducing an enforceable entitlement to work from home.

Under the new clause, employees may request working-from-home arrangements, but employers are not required to approve them.

Unlike certain flexible working arrangement requests under the Fair Work Act 2009, the new award provision does not prescribe:

• A timeframe within which employers must respond.
• Specific grounds on which a request may be refused.
• A requirement to provide written reasons for refusing a request.

This gives employers considerable discretion when considering requests made solely under the new award provision.

However, employers should still approach requests carefully, particularly where an employee may have additional rights under the National Employment Standards, discrimination legislation or other applicable workplace laws.

How Does This Differ From Flexible Working Arrangements Under the Fair Work Act?

The distinction between the new award provision and the existing National Employment Standards (NES) is particularly important.

Under section 65 of the Fair Work Act 2009, eligible employees can request flexible working arrangements where they meet certain criteria, including circumstances involving caring responsibilities, disability, pregnancy, age or family and domestic violence if they have completed at least 12 months of continuous service.

Where an employee makes a valid request under these provisions, employers must comply with specific procedural requirements and may only refuse the request on reasonable business grounds, after satisfying the relevant statutory requirements.

The new Clerks Award provision is different.

It provides an avenue for employees to request working from home without needing to establish eligibility under section 65.

However, it does not replace or diminish an employee’s existing rights under the NES.

Employers therefore need to identify which legal provisions apply before responding to a working-from-home request.

A request under the Clerks Award may also trigger more extensive obligations under the Fair Work Act.

Greater Flexibility in Working Hours and Breaks

One of the more practical aspects of the new clause is that it allows employers and employees to agree to modify the application of certain award provisions to facilitate working from home.

These include provisions relating to:

• The requirement for ordinary hours to be worked continuously.
• The employer’s discretion over when ordinary hours are worked.
• The timing of rest and meal breaks.
• Certain existing facilitative arrangements under the award.

This flexibility may assist employers and employees in establishing working patterns that better accommodate remote working.

However, the flexibility is not unlimited. Employers must ensure that any modifications are permitted by the new clause, properly agreed and documented, and that other applicable minimum employment entitlements continue to be met.

What Happens if an Employer Refuses a Request?

Although the new provision does not require employers to approve working-from-home requests, disagreements may still arise.

The new clause expressly recognises that disputes about working-from-home requests may be dealt with under the Clerks Award’s dispute resolution procedure.

Employers should also be mindful that exercising a right under a modern award may attract protections under the general protections provisions of the Fair Work Act.

This means employers cannot treat an employee adversely simply because they have exercised their right to make a request.

A decision not to approve a working-from-home arrangement is not, by itself, necessarily unlawful. However, the reasons for the decision and the employer’s subsequent conduct may be relevant if a dispute arises.

Why Has the Fair Work Commission Introduced These Changes?

The variation follows a broader review of modern awards and the changing nature of work.

Working from home has become an established feature of many clerical and administrative roles, particularly following the COVID-19 pandemic.

The Fair Work Commission recognised that existing award provisions did not always accommodate the practical arrangements being adopted by employers and employees.

However, the Full Bench declined to introduce a more prescriptive right to request working from home, concluding that the evidence did not justify compelling employers to allow remote working in a wider range of circumstances.

Instead, it adopted a framework designed to facilitate voluntary agreements and provide greater certainty around how those arrangements operate under the award.

The Commission also rejected a request to delay implementation for six months, meaning employers have only a short period between the final determination and commencement.

What Should Employers Do Now?

With the changes commencing on 26 October 2026, employers with employees covered by the Clerks Award should review their existing practices.

In particular, employers should:

1. Check award coverage: Identify employees covered by the Clerks Award, including clerical and administrative employees who may work in businesses across different industries.
2. Review working-from-home policies: Ensure existing policies and procedures reflect the new award provisions and distinguish between Award requests and statutory flexible working arrangement requests.
3. Document arrangements: Review existing informal working-from-home arrangements and consider whether they should be formalised under the new provisions.
4. Train managers: Ensure managers understand when they have discretion to refuse a request and when additional obligations under the Fair Work Act may apply.
5. Consider workplace health and safety: Remember that employers’ work health and safety obligations continue to apply when employees work remotely, including obligations relating to psychosocial hazards.
6. Manage requests consistently: Establish a practical approach to assessing requests, documenting decisions and communicating outcomes.

The Key Takeaway

The introduction of a working-from-home clause into the Clerks Award is another step in the evolution of workplace flexibility in Australia.

However, a right to request working from home is not the same as a right to work from home.

The new provisions give employers and employees a clearer framework for agreeing to flexible arrangements, while preserving employer discretion over whether those arrangements are appropriate.

For employers, the challenge will be ensuring that requests are managed consistently, existing arrangements are properly documented and the interaction between award provisions, the National Employment Standards and other workplace obligations are understood.

How Winter Workplace Consulting Can Help

Working-from-home arrangements can raise complex questions involving employment contracts, modern award compliance, performance management and workplace health and safety.

At Winter Workplace Consulting, we provide practical employment law and HR advice to help employers navigate these obligations, review workplace policies and manage flexible working arrangements with confidence. If your organisation needs assistance reviewing its working-from-home arrangements or responding to employee requests, contact Winter Workplace Consulting.