The Clerks Award working from home decision issued by the Fair Work Commission on 27 August 2026 will change how many Australian employers document and manage remote-work arrangements. The Commission has decided to insert a working-from-home provision into the Clerks—Private Sector Award 2020, and has published a draft determination for comment.

For employers, the immediate issue is not to assume that the new term is already operative. The draft determination is open for submissions until 5 pm AEST on Thursday 17 September 2026. Until the final instrument takes effect, employers should continue applying the current award, existing employment contracts and any lawful workplace policy, while reviewing whether their arrangements will work under the proposed provision.

This guide explains what the decision means, which employers should review their files, and the practical steps to take now. It is general information for Australian employers, not legal advice about a particular employee or workplace.

What did the Fair Work Commission decide about working from home?

A Full Bench comprising Justice Hatcher, Deputy President O’Neill and Commissioner McKinnon decided that the Clerks Award should include a working-from-home term. The case is Working from home—Clerks—Private Sector Award 2020 (AM2024/34). The Commission commenced the matter on its own initiative on 29 August 2024, following the Modern Awards Review 2023–24.

The announcement does not mean every clerical employee has an automatic right to work remotely whenever they choose. It means the award is being changed to provide a specific framework for working from home. The draft determination is the document employers and other interested parties must examine before making detailed operational changes.

Read the official Fair Work Commission decision and check the Commission’s material for the working-from-home Clerks Award case. Employers should also use the Fair Work Ombudsman’s modern awards guidance when checking coverage and award obligations.

When do employers need to act?

The first hard date is 17 September 2026 at 5 pm AEST. That is the deadline for submissions on the draft determination. An employer that wants to comment should read the draft carefully, identify provisions that create uncertainty or operational risk, and make a focused submission supported by practical examples.

The second date is the date on which the final determination commences. The 27 August announcement records the decision and consultation process, but does not itself provide a commencement date for the final term. Do not tell employees that the new arrangement is settled until the final determination and its commencement details are clear.

Now is the right time to audit arrangements rather than wait for the final version. Build a list of employees covered by the Clerks Award, record existing remote-work agreements, and identify any arrangements that rely only on informal approval. That evidence will make it easier to update contracts, policies, rosters and payroll instructions.

Which employers and employees should review their arrangements?

Start with employees who perform clerical or administrative work and may be covered by the Clerks Award. Coverage depends on the work performed, the employer’s industry and the award’s exclusions—not simply on a job title. A “coordinator” or “administrator” title is not enough to decide coverage.

Review full-time, part-time and casual employees separately. Check the classification, ordinary hours, span of hours, location, approved work pattern and any higher duties. Where an employee works across multiple duties or awards, obtain advice before treating the proposed Clerks Award term as the complete answer.

The audit should include employees working from home occasionally, employees with fixed hybrid schedules, and employees who have a standing arrangement recorded in an email. Include managers who approve remote work, because inconsistent approvals can create payroll, safety, supervision and performance-management problems.

What should an employer check before approving remote work?

1. Award coverage and classification

Confirm that the employee is covered by the Clerks Award and that the classification is correct. Compare the actual duties with the award classification, not just the position description. Also check whether an enterprise agreement, contract or other industrial instrument applies.

2. Hours, breaks and payroll

Write down the ordinary hours and the process for changing them. Remote work does not remove obligations about recording time, meal breaks, overtime, penalty rates or higher duties. Payroll should know where work is performed and how managers approve additional hours.

Use the Modern Awards Compliance guide to review award controls, and cross-check the employee’s employment contract before changing the work pattern. A remote-work arrangement should not quietly create unpaid work before or after the employee’s rostered hours.

3. Consultation and approval

Use a consistent written request and approval process. The document should identify the agreed days, core availability, work location, equipment, communication expectations, review date and circumstances in which the arrangement may be reconsidered. Keep the approval separate from any assumption that the employee can work remotely on unapproved days.

4. Safety, privacy and supervision

Consider the home workstation, confidentiality, cyber security, access to business systems and incident reporting. Managers should set measurable outputs and regular check-ins without creating unnecessary surveillance. If the arrangement is not working, address the specific performance, attendance or operational issue and follow a fair process.

5. Records

Keep the request, decision, consultation notes, roster, time records, review notes and any variation. Employers must be able to explain what was agreed and when. A short email saying “work from home Fridays” may be evidence, but it is not a reliable substitute for a complete written arrangement.

How should employers respond to the draft determination?

Employers that may be affected should take four steps before the deadline. First, download the draft determination and compare each proposed clause with current arrangements. Second, identify a small number of concrete issues: for example, uncertainty about approval, notice, work location, hours, equipment or review rights.

Third, gather evidence without including unnecessary personal information. Explain the size and type of business, the number of covered employees, the operational model and the practical effect of the wording. Fourth, submit comments through the process specified by the Commission before 5 pm AEST on 17 September.

Do not copy another organisation’s submission without checking that it reflects your own workplace. A useful submission is specific, respectful and tied to the proposed drafting. If you are unsure whether your issue is significant, get employment-law advice before the deadline.

For practical document support, review Fair Work Centre’s HR best-practice resources and the free employment documents available for employers. Existing templates should be adapted to the final award wording rather than treated as a replacement for checking the instrument.

What should employers do after the final term is published?

Once the final determination and commencement date are available, compare it against every current Clerks Award remote-work arrangement. Update the policy and approval form, train managers, brief payroll, and issue any required written variation. Give employees a clear explanation of what changes and what does not.

Set a review cycle. A working-from-home arrangement should be assessed against business coverage, service levels, confidentiality, health and safety, attendance and the employee’s agreed duties. If an employer needs to withdraw or change an arrangement, document the business reason, consult where required, and avoid relying on a blanket policy that conflicts with the award or contract.

A related practical issue is how to respond to flexible-work requests consistently. Fair Work Centre’s flexible work request response template guide can help employers structure a written response, but the final response must reflect the employee’s circumstances and the applicable law.

Key takeaways for employers

• The FWC has decided to add a working-from-home provision to the Clerks Award.
• The draft determination is open for submissions until 5 pm AEST on 17 September 2026.
• The decision is not an automatic, unrestricted right to work from home.
• Audit coverage, classifications, hours, payroll, records, safety and existing approvals now.
• Wait for the final determination and commencement details before making definitive claims about the new term.