Fair Work Commission evaluates new remote work provisions for clerical workers: report
A landmark Fair Work Commission (FWC) hearing could soon grant millions of Australian clerical workers increased rights to work from home.
This move is being praised by unions for its potential to boost workforce participation but has drawn criticism from business leaders who see it as unnecessary.
The FWC is considering a new ‘working from home’ term in the Clerks Award, the legal framework that covers clerical and administrative workers across Australia, said SBS News. This award sets out the employment terms for workers such as administrative assistants, bookkeepers, and receptionists.
The new term could provide clerical workers with the right to request remote working arrangements, clarify under what conditions such a request could be made, and outline when employers can reasonably refuse.
FWC president Adam Hatcher said the proposed term aims to “facilitate employers and employees making workable arrangements for working at home and remove any existing award impediments to such arrangements.”
Potential impact on employees
Georgie Chapman, a workplace relations and safety lawyer at HR Legal, told SBS News that the FWC's decision could establish a formal mechanism for clerical workers to seek work-from-home arrangements.
“It would likely mean there is a basis on which an employee can seek a work-from-home arrangement under the modern award,” she said.
While specific details won’t be clear until after the commission’s decision, Chapman said the term might allow for flexibility, enabling employers and employees to mutually agree on how the award’s conditions could be adapted to suit remote working.
Currently, under the Fair Work Act, employees who meet specific criteria — such as carers, those with disabilities, or those aged 55 and older — can request flexible work arrangements.
However, the FWC's decision could extend this right to millions of workers covered by the Clerks Award, regardless of whether they meet those existing criteria, said SBS News, and this move could set a precedent for other industry awards.
Business leaders push back
The Australian Council of Trade Unions (ACTU) welcomed the FWC’s review, emphasizing the benefits of remote work for employees’ well-being and workforce participation.
“For many workers whose jobs can be done from home effectively, being able to work from home means that they can improve their work-life balance, job satisfaction, and productivity,” ACTU president Michele O'Neil told SBS News.
However, Andrew McKellar, CEO of the Australian Chamber of Commerce and Industry, called it an "unnecessary" and "negative" step.
"From a business perspective, we would argue that we don't need a specific term relating to either a right to work from home or a right to request to work from home," he told SBS News.
"These sorts of things should be agreed upon at an enterprise level. We don't need that sort of provision specifically put into awards.
"We think that's not a good thing in terms of making it easier for businesses to create jobs and employ more people to achieve the commercial outcomes they're looking for."
