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ARTICLE · 07 SEPTEMBER 2026

Clerks Award WFH Decision - If It Ain’t Broke

Bartier Perry Solicitors
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The Fair Work Commission's Full Bench has published its decision on working from home arrangements for clerical employees, introducing a facilitative clause that maintains the current status quo. While the new clause formalizes the process for employees to request remote work arrangements, it notably rejects union proposals for a broad 'right to request' and employer proposals to significantly widen ordinary working hours, affirming that existing flexible work arrangements are largely functioning

AustraliaEmployment and HR
Shawn Skyring
Shawn Skyring
Alyssa Conejar
Alyssa Conejar
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On 27 August 2026, the Full Bench published its decision in the Working from home – Clerks – Private Sector Award 2020 major case, including a draft work-from-home clause (WFH Clause). Following extensive research undertaken by the Commission and hearing submissions from unions and employer groups, the Full Bench has decided to adopt a ‘facilitative clause’. 

Employers shouldn’t be too concerned – the WFH Clause doesn’t substantially change the status quo on WFH arrangements. For the most part, the underlying message seems to be “If it ain’t broke, don’t fix it”. Consequently, what is perhaps more telling is what the Full Bench declined to include in the WFH Term.

The WFH Clause provides for a mechanism for an employee to request, and their employer to agree to, a mutually suitable working from home arrangement (WFH arrangement).

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