Work from Home: A Perk Today, an Entitlement Tomorrow?

Rebecca Pezzutti - IRiQ Law

The Fair Work Commission (FWC) is progressing with its case to develop an Award clause that removes impediments to working from home (WFH). This initiative aims to facilitate workable remote arrangements for Employees while ensuring Employers have clear guidance.

Following data collection, the FWC will likely hold a full hearing in June 2025 after the annual wage review.

Background

The FWC initiated this case in September 2024 under its own motion, with the goal of:

• Establishing a WFH term in the Clerks—Private Sector Award 2020 that could serve as a model for other modern awards.
• Removing any existing award barriers that prevent effective WFH arrangements.
• Addressing key issues such as WFH definitions, overtime entitlements, privacy, surveillance, and workplace safety.

Key Developments to Date

In response to stakeholder feedback, the FWC decided to commission independent research to support its deliberations. The research process has included:

✔ Employer and employee surveys: Swinburne University of Technology has been engaged to conduct these studies.
✔ Data collection on WFH trends: The research will build on previous employer WFH surveys conducted in 2020.
✔ Comparing employer and employee perspectives: The goal is to gather insights into practical experiences and challenges related to WFH.

Employer and Union Positions

• The Australian Services Union (ASU) and other employee representatives called for the inclusion of privacy, surveillance, and safety concerns in the case.
• There is ongoing discussion about whether the WFH clause should include a “right to request” WFH arrangements similar to existing flexible work provisions.

What This Means for Employers

✔ Be prepared for possible Award changes: The could establish a standard WFH provision in Awards, impacting policies and entitlements.
✔ Ensure clear WFH policies: Employers should consider how any new WFH requirements might affect their workforce and business operations.
✔ Stay up to date on developments: The FWC’s final decision will impact WFH entitlements for some Award-covered employees

If you are looking for support to manage this issue for your organisation, feel free to register to receive our newsletter for timely updates on IR and Employment Law developments.  Should you need further information or require advice on preparing for and managing IR and Employment Law issues in your workforce, please reach out to Team IRiQ.