Office workers across Australia could gain the right to request work from home through the modern award system, as part of a new Fair Work Commission case that has concerned employer groups.
The Fair Work Commission (FWC) on Thursday announced it will develop a new term for insertion in the Clerks Award, which will make it easier for workers and employers to manage WFH arrangements.
The FWC’s 2023-2024 Modern Awards Review determined that workers under the Clerks Award are already likely to negotiate WFH privileges with employers on a case-by-case basis — and that the award’s current provisions “may be operating as an impediment to wider access to working at home arrangements”.
Workers already have the right to request working-from-home arrangements under the National Employment Standards, subject to certain criteria.
The new case goes further: critically, the FWC says the term developed for the Clerks Award will act as a model for incorporation in other awards, potentially enshrining WFH rights at an award level for many more workers across Australia.
SmartCompany understands the Council of Small Business Organisations Australia (COSBOA) is concerned by the potential for WFH rights to spill into other award categories, which are relied upon by small businesses without the capacity to negotiate their own enterprise agreements with staff.
Ai Group, which represents larger employers, is also watching closely.
In a statement, Ai Group chief executive said the case could remove “various impractical technical barriers” that keep workers and their employers from instituting WFH rules.
However, Willox said “working from home arrangements are not always appropriate” for every type of worker and every type of award.
“Employers must not be unreasonably compelled to agree to such arrangements where, for example, they are not practicable for operational reasons,” he said.
Reporters quizzed new Workplace Relations Minister Murray Watt on the announcement Thursday.
“There’s times in my office where people work from home, there’s time when we need them to be at the office and do that kind of teamwork,” he said.
“I’m confident that employers and workers can work these things out cooperatively.”
Interested parties are invited to submit their provisional views to the Fair Work Commission before Justice Adam Hatcher holds an initial case hearing on September 13.
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Senior Business Journalist
Focused on the small business sector, David’s work covers the political, regulatory, and economic issues facing Australian entrepreneurs. Prior to joining SmartCompany, he was a reporter for Business Insider Australia. You can follow him on LinkedIn.
