On 27 August 2026, the Fair Work Commission (Commission) issued a decision to vary the Clerks – Private Sector Award 2020 (Award), to include a provision concerning working from home arrangements. At the same time, the Commission published a draft determination containing the proposed variation and invited interested parties to file submissions by 17 September 2026 concerning drafting or other technical issues.

The draft variation largely adopts the approach advanced by the Australian Industry Group in the proceeding. It will make the Award more flexible and adaptable by allowing employers and employees to agree to change the application of specific terms in the Award related to ordinary hours and breaks if they have agreed to implement a working from home arrangements.

Importantly, the variation will provide employers the opportunity to bring existing arrangements which are technically inconsistent with the Award into conformance with it.

The decision also rejected a union claim for additional obligations upon employers to accommodate employee requests to work from home and provide various entitlements to employees who are working from home.

Members are invited to a webinar at 11am on 16 September 2026 explaining key elements of the Commission’s decision and practical implications for employers.