Working from home has become a normal part of many workplaces, but the rules around it haven’t always been straightforward for employers.
That’s changing.
From 26 October 2026, the Clerks – Private Sector Award 2020 will include a new provision allowing eligible employees to request working from home arrangements and employers to agree to those arrangements under the Award.
For small businesses with administrative and clerical staff, this is a good time to review your current arrangements and make sure your workplace policies and employment documentation are up to date.
Here’s what you need to know.
What’s changing under the Clerks Award?
The Fair Work Commission has introduced a new working from home provision into the Clerks Award to provide a framework for employers and employees to agree on flexible working arrangements.
The new provision sets out how requests can be made, what needs to be included in an agreement and how disputes can be handled.
Importantly, this does not give every employee an automatic right to work from home. The arrangement still needs to be agreed between the employer and employee.
The change is designed to make working from home arrangements more workable within the Award’s existing employment conditions.
You can read the official decision on the Fair Work Commission website.
Who do the new rules apply to?
The changes apply to employees covered by the Clerks – Private Sector Award 2020.
This may include administrative and clerical employees working in businesses across a range of industries, depending on the applicable award coverage.
It’s important not to assume that every employee who performs office or administrative duties is covered by the Clerks Award. Award coverage depends on the relevant industry, duties and other coverage provisions.
If you’re unsure which award applies to your employees, it’s worth checking before making changes to your working arrangements.
What does this mean for employers?
If you employ staff under the Clerks Award, there are a few practical areas to review.
1. Working from home requests
Employees will be able to make requests for working from home arrangements under the new Award provision.
Employers should have a clear process for receiving and considering requests, discussing the proposed arrangement and documenting the outcome.
A request might involve working from home on particular days, changing the employee’s usual work pattern or establishing an ongoing arrangement.
The important thing is to consider how the proposed arrangement will work for both the employee and the business.
2. Written agreements
Where an employer and employee agree to a working from home arrangement under the new provision, the agreement needs to be documented in writing.
Your documentation should clearly set out the agreed arrangement, including the days or pattern of work and any relevant changes to ordinary hours or breaks permitted under the Award.
Having the arrangement in writing helps both parties understand what has been agreed and reduces the risk of confusion later.
3. Ordinary hours and breaks
One of the key aspects of the new provision is that it allows employers and employees to agree on certain changes to how specific Award requirements operate when an employee works from home.
This includes provisions relating to ordinary hours and breaks.
However, this isn’t a blanket exemption from the Award. Any changes need to fall within what the new provision permits and be properly agreed.
Employers should review the actual Award wording before changing existing working arrangements.
4. Disputes and disagreements
Not every working from home request will be suitable for every business.
There may be practical reasons why a proposed arrangement doesn’t work, including operational requirements, customer service needs, supervision or the nature of the employee’s role.
The new provision includes a process for resolving disputes about working from home requests.
Having a consistent process for discussing requests and recording decisions can help prevent misunderstandings and make it easier to resolve issues if they arise.
What should small businesses do now?
You don’t need to overhaul your entire HR system overnight, but there are a few sensible steps to take.
Review your current arrangements. Identify which employees are covered by the Clerks Award and whether any are already working from home under informal or undocumented arrangements.
Check your employment documents. Review employment contracts, flexible work policies and any existing working from home agreements to identify anything that may need updating.
Prepare a written request process. Make sure employees know how to submit a request and who will consider it.
Document agreed arrangements. Record the agreed days, hours, expectations and any permitted changes to Award requirements.
Review your workplace policies. Consider whether your existing policies adequately address communication, availability, performance expectations, confidentiality, equipment and work health and safety when employees work remotely.
Make sure managers understand the changes. Anyone responsible for approving working from home arrangements should understand the new rules and know when to seek HR advice.
Does every small business need to change its policies?
Not necessarily.
If your business doesn’t employ anyone covered by the Clerks Award, this particular Award change may not apply to your workforce.
If you do have employees covered by the Award, the level of review needed will depend on your existing arrangements.
A business with staff already working remotely under documented agreements may need a relatively straightforward review. A business relying on informal arrangements may need to do a little more work to ensure everything is properly documented and compliant.
Either way, it’s worth checking rather than assuming your current approach is sufficient.
How Kindred HR can help
At Kindred HR, we help small businesses put practical HR and payroll processes in place without making things more complicated than they need to be.
We can help you review your award coverage, assess your existing working from home arrangements, update relevant policies and agreements, and establish a clear process for managing employee requests.
The goal is simple: give you the confidence that your people processes are clear, consistent and aligned with your obligations as an employer.
If you’re unsure whether your current arrangements meet the new requirements, we’re happy to help.
Contact Kindred HR to discuss your HR and compliance needs.
Disclaimer: This article provides general information only and is not legal advice. Award coverage and workplace obligations depend on individual circumstances. Employers should refer to the current Clerks – Private Sector Award 2020 and official Fair Work Commission guidance when assessing their obligations.