Important Update: Are you Aware of The New Working From Home Rules for the Clerks Private Sector Award?

The Fair Work Commission has officially introduced a new working from home (WFH) framework under Clause 5A of the Clerks Private Sector Award 2020, which came into effect on 26 October 2026.

Whether you are an employer managing a team or an employee covered by this award, here is a quick summary of what you need to know about these changes:

No Automatic Right to WFH

The new clause does not give employees an automatic right to work from home. Instead, it establishes a structured, formal process for making, considering, and documenting remote work requests.

Everything Must Be in Writing

Any approved WFH arrangement must be formalised in a clear, written agreement. This agreement must specify the remote work location, agreed hours, break times, and the process for altering or ending the arrangement. Employers must keep this on file as part of their time and wages records.

Standalone Framework

This new award clause operates independently of the existing flexible working arrangement rights under Section 65 of the Fair Work Act. It provides a direct, industry specific mechanism for clerical staff and their employers to negotiate remote work safely and transparently.

Allowances Still Apply

Standard award entitlements, such as overtime meal allowances or uniform laundry allowances, are not automatically cancelled out by working from home and must still be paid where applicable.

With these changes now active, it is a great time for businesses to review their internal WFH policies and templates to ensure they align with the new award requirements.

This post is general information only and isn’t legal advice, so check the Fair Work Ombudsman or get tailored advice before acting.