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.