Clerks Award working from home rules are changing. Are you prepared?

The Fair Work Commission has confirmed the introduction of clause 5A, Requests for working from home arrangements.

The change does not give employees an automatic right to work from home; instead, employees can make a written request to work from home, and employers can consider whether the proposed arrangement works for the role and the needs of the business.

This means employers still have a say in whether a working from home arrangement is agreed. Where an arrangement is agreed, the Clerks Award now provides a clearer process for documenting how it will operate.

What this means for employers

For many businesses, working from home is already part of normal operations. The key difference is that from 26 October, employers will have a clearer process for formalising both new and existing arrangements.

Existing informal arrangements deserve particular attention. Where an arrangement is agreed under clause 5A, it must be recorded in writing and include details such as the agreed working from home days or pattern, the approved work location, when the arrangement starts, and how it can be changed or ended.

The employer must also keep a copy of the agreement as a time and wages record and provide a copy to the employee.

This is a good opportunity for employers to step back and check whether their current arrangements still meet the needs of the business. An arrangement that worked two years ago may no longer reflect current team structures, customer requirements or workplace attendance expectations.

What employers should do now

Employers should:

• Review existing working from home arrangements, including informal arrangements
• Check that policies, employment documentation and position descriptions clearly set out workplace attendance and role requirements
• Establish a consistent process for receiving and considering working from home requests
• Make sure agreed arrangements are properly documented
• Ensure managers take a consistent approach when considering requests.

For a detailed overview of the changes to the Clerks Award, including the wording of the new working from home clause, refer to our table of changes here.

How the Victorian Chamber can assist

The Victorian Chamber’s Workplace Relations team can help businesses review their working from home arrangements, policies and position descriptions. Victorian Chamber members who are unsure how the changes apply to their workforce can contact the Workplace Relations Advice Line on 03 8662 5222.