New Working from Home Rules Under the Clerks Award

New Working from Home Rules Under the Clerks Award

From 26 October 2026, employees covered by the Clerks – Private Sector Award 2020 will be able to formally request working from home arrangements under a new Award clause. The changes apply from an employee’s first full pay period commencing on or after that date.

Importantly, these changes do not create an automatic right to work from home. Employees have the right to make a request; however, employers are not required to approve every request and may determine whether a proposed arrangement is suitable for their operational requirements.

What Has Changed?

Under the new provisions, an employee may submit a written request to work from home, specifying the days, pattern or proportion of time they wish to work remotely. Working from home can include an employee’s home or another location approved by the employer.

Where an employer agrees to the arrangement, it must be recorded in writing. The new clause also provides an opportunity for employers and employees to formally document existing working from home arrangements.

The Award also allows employers and employees to agree to modify the application of certain Award provisions, such as ordinary hours, meal breaks and rest breaks, to facilitate a working from home arrangement.

What Members Should Know

While employees can request a working from home arrangement, the Award does not require employers to approve the request, nor does it specify a timeframe within which the employer must respond. The Award also does not require employers to provide written reasons if a request is declined. However, members should ensure requests are considered reasonably and consistently, having regard to the operational needs of the business.

Members with clerical and administrative employees should:

· review any existing working from home arrangements.

· ensure approved arrangements are documented in writing.

· review or implement a working from home policy.

· establish a process for receiving and assessing requests; and

· ensure managers understand that requests must be considered on a case by case basis.

Key Takeaway

The new provisions formalise the process for requesting and documenting working from home arrangements under the Award. While employees can now make a formal request, employers retain discretion over whether a proposed arrangement is suitable for their business. The changes are designed to provide a structured framework for discussing and recording working from home arrangements, rather than creating an entitlement to work remotely.

An employee’s right to request working from home arrangements under the new clause is a protected workplace right. This means that an employee is protected against adverse action.

Members seeking assistance with these changes or reviewing their current arrangements can contact the Workplace Relations team on (08) 8291 2000 or wr@mtasant.com.au.