Yesterday, the Fair Work Commission has handed down its decision on the proposed introduction of a working from home provision into the Clerks – Private Sector Award 2020. Click here to view the PDF.
The decision does not create a right to work from home. Working from home would still need to be agreed to.
The proposed mechanism will be introduced into the award which allows agreement to be reached between an employee and their employer to a working from home arrangement and to facilitate that arrangement in accordance with the terms of the award in relation to matters such as hours of work, meal breaks and rest breaks.
The Commission determined that the introduction of a working from home provision would have three benefits:
- First, it would establish a visible mechanism for making requests.
- Second, this would constitute a workplace right within the meaning of s 341(1)(a) which is protected by s 340 of the FW Act.
- Third, a dispute in relation to a request made pursuant to the term would be one arising about a matter under the Clerks Award, which would then be subject to the dispute resolution procedure in” the award.
Any agreement reached would need to be recorded in writing.
The draft determination is open for submissions until 17 September 2026.
This is likely step one in the process of it being considered and rolled out to other modern awards as the award system continues to adapt to evolve in line with modern workplace practices.
Should you require assistance or advice please do not hesitate to reach out to our Employment Law team.
