01 August 2025
Back in October 2024, we wrote about the Fair Work Commission’s (FWC) major case examining whether a dedicated working-from-home (WFH) clause should be introduced into the Clerks – Private Sector Award.
Since then, the case has progressed with the FWC engaging Swinburne University of Technology to undertake a quantitative research study to support the research & consultation process for the development of a WFH term for the Clerks Award.
The findings are now being considered by the FWC, with a model WFH clause expected to be released soon.
Importantly, the FWC has signalled that any clause adopted for the Clerks Award will likely serve as a template for other modern awards.
We will provide practical guidance once the model clause is released.
Even without a formal award clause in place, WFH is now a common practice across many industries and employers must ensure they are meeting their existing obligations under Australia’s Work Health and Safety (WHS) laws.
In this respect, employers should be aware that they are responsible to provide a safe workplace, even when that workplace is an employee’s home.
The various state based Worker’s Compensation authorities (eg WorkSafe Victoria) provide useful guidance to assist employers to understand and meet their obligations.
If you would like to know more about the WFH major case, or your employer obligations around WFH, please get in touch.
Sky Accountants Ballarat
Phone: 03 5332 8855
Office Address: 902 Howitt Street, Wendouree, Victoria 3355, Australia
Postal Address: PO Box 2234, Bakery Hill, Victoria 3354
Sky Accountants Gisborne & Macedon Ranges
Phone: 03 5428 1400
Office Address: 45 Hamilton Street, Gisborne, Victoria 3437, Australia
Postal Address: PO Box 270 Gisborne Victoria 3437
Sky Accountants Kilmore
Phone: 03 5782 2299
Office Address: 74B Sydney Street, Kilmore, Victoria 3764, Australia
Postal Address: PO Box 190 Kilmore Victoria 3764
Sky Accountants Bacchus Marsh
Phone: 03 4310 8000
Office Address: 66 Grant Street, Bacchus Marsh, Victoria 3340, Australia
Postal Address: 66 Grant Street, Bacchus Marsh, Victoria 3340, Australia