The Fair Work Commission has established a significant new right for clerical and administrative workers, granting them the ability to formally request to work from home, although it stopped short of imposing stronger obligations on employers to approve such requests. The ruling, announced on August 28, 2026, applies to hundreds of thousands of employees covered by the Clerks Award and reflects the evolving landscape of flexible work arrangements.

The commission’s full bench, led by President Adam Hatcher, declined to adopt the Australian Council of Trade Unions’ (ACTU) proposed award term, which would have mandated employers to respond to work-from-home (WFH) requests within 14 days and only reject them after engaging in genuine discussions and considering reasonable business grounds. Instead, the commission endorsed a more limited provision that simply gives employees a formal right to request WFH, leaving the ultimate decision to employers.

“The widespread adoption of working-from-home arrangements in the clerical and administrative sector means they are now an entrenched feature of employment,” the commission said, citing data that most WFH requests are already approved either wholly or partially. It found no substantial evidence of employers declining requests based on arbitrary or discriminatory reasons. Where refusals occurred, the reasons typically reflected legitimate business interests.

Alongside the right to request WFH, the commission allowed employers and employees to negotiate changes to certain award conditions such as hours of work and meal and rest breaks to facilitate flexible working arrangements. However, it concluded that a “major regulatory intervention” compelling employers to permit working from home in a broader range of circumstances was not warranted.

Unions praised the decision as an important advancement for workers’ rights. Emeline Gaske, national secretary of the Australian Services Union, emphasized that the clause would prevent employers from unilaterally imposing remote work and extended the right to request WFH beyond groups traditionally protected by law, such as people with disabilities or carers. “This is a huge step forward for workers’ rights in this country,” she said.

From the business perspective, Australian Industry Group chief executive Innes Willox described the ruling as a “worthwhile and practical improvement” to the Clerks Award that aligns with contemporary working patterns. However, Willox also expressed reservations that the commission had not gone further in granting additional flexibilities sought by employers.

The commission’s decision marks a milestone in codifying the right of clerical workers to seek flexible work arrangements, balancing the interests of employees seeking greater work-from-home access with employers’ operational needs.