Fair Work Commission Proposes a Working From Home Term for Clerks Award
On 27 August 2026, a Full Bench of the Fair Work Commission handed down an important decision in Variation on the Commission’s own initiative – Clerks – Private Sector Award 2020 [2026] FWCFB 225, deciding to vary the Clerks-Private Sector Award 2020 (Clerks Award) to include a dedicated working from home provision.
The decision recognises a reality many employers have experienced since the pandemic: clerical work is no longer confined to the traditional office environment and can often be performed effectively from home using digital technology.
For private sector employers covered by the Clerks Award, the decision represents a significant development.
Who Does the Clerks Award Cover?
The Clerks Award covers, subject to specific exclusions, private sector employers and employees engaged in clerical and administrative work.
What is Clerical Work?
Clerical work commonly includes:
- Recording information
- Typing and data entry
- Calculating and processing information
- Invoicing, billing and charging
- Checking and verifying documents
- Receiving and handling enquiries
- Answering telephone calls
- Operating switchboards
- Reception duties
- General administrative duties of a clerical nature
Many of these functions are now routinely performed using laptops
What Is the Proposed New Working From Home Term?
The draft working from home term (WFH term)has been published on the Fair Work Commission’s website. You can access the draft working from home term here.
Key features of the draft WFH term include:
- an individual can make a request, but the employer is not obliged to grant the request
- the request must be made in writing
- the employee can work from their home residence or from another location approved by the employer
- any agreement must be recorded in writing.
When will the proposed WFH term be finalised?
The proposed WFH term will likely be finalised by the FWC after 17 September 2026.
How HintonFlynn Legal Can Assist
The proposed WFH term in the Clerks Award is likely to affect thousands of employers with administrative and clerical staff.
HintonFlynn Legal can assist employers to:
- determine which employees are covered by the Clerks Award
- understand their obligations if an employee covered by the Clerks Award requests a working from home arrangement
- prepare an agreement about a working from home arrangement for clerical employees that complies with the WFH term
If your organisation employs award-covered clerical employees and operates hybrid or remote work arrangements, now is an appropriate time to review your practices before the proposed WFH term takes effect.