FWC to assess Australian clerks' WFH rights

Employers call for 'common sense' to prevail in proceedings

FWC to assess Australian clerks' WFH rights

The Fair Work Commission has announced the launch of a new case that could potentially impact the work-from-home rights of millions of Australian employees.

The FWC said it would look into the development of a working-from-home term in the Clerks—Private Sector Award 2020, which is the most commonly used award where WFH is most likely to occur.

"The term is intended to be one which facilitates employers and employees making workable arrangements for working at home and removes any existing award impediments to such arrangements," the FWC said in a statement.

According to the commission, access to working-from-home arrangements is a "matter which requires priority consideration" given its impact on balancing work and care.

"The term that is developed may serve as a model for incorporation in other modern awards, with or without adaptation," it added.

A hearing for the major case is set for September 13, according to the FWC.

'Common sense will prevail'

Meanwhile, the national employer association Ai Group said it will be an "enthusiastic participant" in the review.

"Indeed, we have been calling for many of the modest and sensible flexibilities that the Commission is proposing to consider in the Review for some time now," said Ai Group chief executive Innes Willox in a statement.

"We hope common sense will prevail to support clerical staff and their employers to implement working-from-home arrangements, where agreed, by removing various impractical technical barriers that are currently imposed by the Clerks – Private Sector Award 2020."

According to Willox, the Clerks Award applies to millions of employees, including a "large portion" who have been working from home for at least some time.

"It must, however, be remembered that working-from-home arrangements are not always appropriate. Employers must not be unreasonably compelled to agree to such arrangements where, for example, they are not practicable for operational reasons," the chief executive said.

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