[Australia] New WFH clause for Clerks Award

In Australia, the Fair Work Commission (FWC) is inserting a new working from home (WFH) clause into the Clerks - Private Sector Award 2020, DLA Piper reports.

On August 27, the FWC issued a draft determination proposing a new WFH clause in the Clerks Award. 

The following terms are reportedly included under the proposed clause:

• An employee may request, and an employer may agree to, a WFH arrangement.

• A WFH request must be in writing and specify the proposed WFH days.

• A WFH agreement must set out:

• The day(s) on which the employee can WFH.

• The location where work is to be performed when WFH.

• Any modified terms of the Clerks Award agreed to (eg ordinary hours, meal or rest breaks).

• The start date of the WFH agreement.

• Means by which the arrangement may be terminated by either party.

According to the FWC, a WFH agreement must be entered into without coercion or duress. Employers must keep the agreement as a time and wages record and provide a copy to the employee.

Though the provisions are not yet finalised, and the FWC is seeking submissions on the draft, substantive changes are reportedly unlikely.

Around two-thirds of employees covered by the Clerks Award can work from home, and only a small fraction of requests are refused. But many of these arrangements technically breach existing award rules designed for office-based work, such as continuous hours and set break times. 

The FWC found this widespread non-compliance needed to be addressed. The new clause is intended to ensure that the Clerks Award provides a fair and relevant safety net for modern work practices.

DLA Piper advises businesses with clerical and admin staff working from home to review their current arrangements ahead of the new WFH provision under the Clerks Award. By formalising existing informal arrangements in writing, compliance risks can be managed, and a clear record provided should any dispute arise.

Source: DLA Piper

In Australia, the Fair Work Commission (FWC) is inserting a new working from home (WFH) clause into the Clerks - Private Sector Award 2020, DLA Piper reports.

On August 27, the FWC issued a draft determination proposing a new WFH clause in the Clerks Award. 

The following terms are reportedly included under the proposed clause:

• An employee may request, and an employer may agree to, a WFH arrangement.

• A WFH request must be in writing and specify the proposed WFH days.

• A WFH agreement must set out:

• The day(s) on which the employee can WFH.

• The location where work is to be performed when WFH.

• Any modified terms of the Clerks Award agreed to (eg ordinary hours, meal or rest breaks).

• The start date of the WFH agreement.

• Means by which the arrangement may be terminated by either party.

According to the FWC, a WFH agreement must be entered into without coercion or duress. Employers must keep the agreement as a time and wages record and provide a copy to the employee.

Though the provisions are not yet finalised, and the FWC is seeking submissions on the draft, substantive changes are reportedly unlikely.

Around two-thirds of employees covered by the Clerks Award can work from home, and only a small fraction of requests are refused. But many of these arrangements technically breach existing award rules designed for office-based work, such as continuous hours and set break times. 

The FWC found this widespread non-compliance needed to be addressed. The new clause is intended to ensure that the Clerks Award provides a fair and relevant safety net for modern work practices.

DLA Piper advises businesses with clerical and admin staff working from home to review their current arrangements ahead of the new WFH provision under the Clerks Award. By formalising existing informal arrangements in writing, compliance risks can be managed, and a clear record provided should any dispute arise.

Source: DLA Piper