What is clause 5A of the Clerks Award?

A new clause, 'Requests for working from home arrangements', inserted into the Clerks—Private Sector Award 2020 by the Fair Work Commission's determination PR815538 ([2026] FWCFB 281, 19 October 2026). It lets an individual employee request in writing, and an employer agree to, an arrangement to work from home or another approved location. It operates from 26 October 2026 and applies to each employee from their first full pay period starting on or after that date.

Does clause 5A give me a right to work from home?

No. The Full Bench decided against a 'right to request' with reasonable-business-grounds rules; clause 5A is a right to ask and a discretion to agree. The Fair Work Ombudsman notes that making a request is a protected workplace right, so you cannot be punished for asking. Eligible employees can still make a separate flexible working arrangement request under section 65 of the Fair Work Act, which does carry the 21-day response and reasonable-business-grounds rules.

What must the written agreement include?

Clause 5A.6 requires it to identify: (a) the days of the week, or the number, proportion or pattern of days, the employee may work from home; (b) the location; (c) any award terms modified under clause 5A.4 (continuous ordinary hours, employer discretion over hours, rest and meal break timing); (d) any facilitative agreement under clause 5A.5 (spread of hours, make-up time, shift start and finish times, time off instead of overtime); (e) the start date; and (f) how it may be varied by agreement or terminated by either party. It must be made without coercion or duress (5A.7) and the employer keeps it as a time and wages record and gives the employee a copy (5A.8).

Can an existing informal work-from-home arrangement be put under clause 5A?

Yes. Note 1 to clause 5A, added in the final decision at the Council of Small Business Organisations Australia's request, says an employee may request and an employer may agree to the formalisation of an existing working from home arrangement.

Clerks Award Work-From-Home Request Builder

A clause 5A request plus the written agreement the award now requires. In force from 26 October 2026. Not legal advice.

Last verified: 23 October 2026Jump to calculator ↓

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Clerks Award Work-From-Home Request Builder

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