Can Clerical Employees Request to Work From Home?
From 26 October 2026, new provisions in the Clerks—Private Sector Award 2020 provide a specific process for covered employees to request working-from-home arrangements. For employers with administrative and clerical staff, this is an important development that should be reflected in workplace policies and employment practices.
However, the new provisions do not give every clerical employee an automatic right to work from home.
What has changed?
The Fair Work Commission has introduced clause 5A into the Clerks—Private Sector Award 2020, establishing a process for employees covered by the Award to request working-from-home arrangements.
Under the new provision, an individual employee may request an arrangement permitting them to work from home, and the employer may agree to that request. This is particularly relevant to businesses employing bookkeepers, accounts clerks, receptionists, payroll officers, administrative assistants and other employees whose duties fall within the Award’s coverage.
Importantly, an employee’s actual Award coverage depends on their role, duties and employment circumstances. Employers should not assume that everyone performing office-based work is necessarily covered by the Clerks Award.
Does an employer have to approve the request?
No. The new provision creates a formal mechanism for requesting a working-from-home arrangement, but it does not compel an employer to approve every request.
For example, an accounts clerk might request to work from home two days a week because most of their work involves processing invoices, maintaining accounting records and reconciling transactions. The employer can consider the request against the practical requirements of the business, including:
- Whether the employee needs to attend the office to perform essential duties.
- Whether clients, suppliers or other staff require regular face-to-face assistance.
- Whether adequate supervision and communication can be maintained.
- Whether the employee can access the necessary systems and information securely.
- Whether the proposed arrangement will affect service delivery, productivity or team operations.
The important distinction is that employees can request an arrangement, but approval remains a matter for agreement between the employer and employee.
How must the request be made?
Under clause 5A.3, the employee must make the request in writing and specify the days of the week, or the number, proportion or pattern of days, they propose to work from home. A request to work from home every Monday and Friday, for example, would identify the proposed arrangement more clearly than a general request for greater flexibility. If the employer agrees, the arrangement must also be documented in writing.
The written agreement must identify:
- The days or pattern of days the employee may work from home.
- The location where the work will be performed.
- Any agreed modifications to relevant Award provisions.
- Any additional agreements about working hours, breaks or other matters permitted under the Award.
- The commencement date.
- How the arrangement can be varied or terminated.
The employer must retain the agreement as a time and wages record and provide a copy to the employee. These requirements make it important to document the arrangement properly rather than relying on an informal understanding between a manager and employee.
What about existing working-from-home arrangements?
The new provisions can also be used to formalise existing arrangements. For example, a clerical employee may already be working from home every Wednesday under an informal arrangement agreed with their manager.
The employer and employee can use the new process to record the arrangement in writing, including the agreed days, location, commencement date and arrangements for making future changes.
Employers should review existing arrangements to ensure they are clearly documented and consistent with applicable Award requirements.
What about employees who already have a legal right to request flexible working arrangements?
The new Award provisions operate alongside the existing flexible working arrangements provisions under the National Employment Standards.
Under section 65 of the Fair Work Act 2009, eligible employees may request changes to their working arrangements, including their place of work. Eligibility generally requires at least 12 months of service with the employer. Regular casual employees may also qualify if they have worked regularly and systematically for at least 12 months and have a reasonable expectation of continuing employment.
The employee must also fall within an eligible category, which includes employees who are:
- Pregnant.
- Parents of, or responsible for caring for, a school-aged or younger child.
- Carers.
- Living with a disability.
- Aged 55 or older.
- Experiencing family and domestic violence.
- Caring for or supporting an immediate family or household member experiencing family and domestic violence.
Requests under the National Employment Standards must be made in writing and explain the change sought and the reasons for it. Employers must respond in writing within 21 days. They may refuse a request only on reasonable business grounds and must comply with the applicable consultation and procedural requirements. These statutory rights are separate from the new Award provision. An employee who is not eligible to make a request under the National Employment Standards may still be able to request working from home under clause 5A of the Clerks Award, if covered by it.
What should employers do now?
Employers with clerical and administrative staff should take the opportunity to review their existing arrangements.
Practical steps include:
- Check Award coverage. Identify which employees are covered by the Clerks—Private Sector Award 2020.
- Review current arrangements. Identify employees already working from home and determine whether their arrangements should be formalised.
- Establish a request process. Decide who will receive and assess requests and how decisions will be communicated.
- Document agreements. Ensure approved arrangements satisfy the Award’s written-record requirements.
- Consider operational requirements. Assess requests individually, taking account of the employee’s duties and the needs of the business.
- Review workplace policies. Address confidentiality, cybersecurity, equipment, workplace health and safety, supervision and communication expectations.
Employers should also remember that making a request under the new Award provision is a workplace right. Requests should be handled appropriately, and employees must not be subjected to adverse action simply because they exercise a protected workplace right.
The takeaway
The new provisions recognise that working from home is an established feature of many clerical and administrative roles. They provide a formal process for employees covered by the Clerks Award to request an arrangement and for employers to agree to one.
The key point is that the new rules create a right to request, not an automatic right to work from home.
Employers should review their policies, check Award coverage and ensure that any agreed arrangements are properly documented.