With your crew working on site, how would you respond if the employee managing your bookings, invoices or payroll asked to work from home?
For trade business owners, keeping jobs moving depends on reliable support behind the scenes. Some administrative duties may lend themselves to remote work, provided the arrangement supports the employee, the crew and your customers.
New provisions in the Clerks-Private Sector Award 2020 provide a framework for these discussions. Introduced by the Fair Work Commission, Clause 5A applies from an employee’s first full pay period starting on or after 26 October 2026. It explains how requests must be made and what needs documenting when agreement is reached.
Start with the employee’s award coverage
The provisions apply to employees covered by the Clerks Award, which may include those principally performing accounts, reception, payroll or administrative duties within a trade business.
Coverage depends on the employee’s actual work and the relevant industrial instruments. A job title alone does not determine which award applies, nor should employers assume everyone in the business falls under the same award.
Check whether another award contains relevant clerical classifications and whether an enterprise agreement applies. A tradesperson completing paperwork as part of their role does not automatically become covered by the Clerks Award.
Understand how requests work
Employees must request an arrangement in writing, specifying the days, number, proportion or pattern of days they propose to work from home. Work can take place at their residence or another location they choose that the employer approves.
The arrangement requires agreement between the employer and employee. Clause 5A does not create an automatic entitlement to approval or, by itself, impose a response deadline or a reasonable business grounds test for refusal.
However, making a request is a protected workplace right. Employers must not take adverse action against an employee because they exercise that right. Separate obligations may also apply under the National Employment Standards.
Recognise when separate obligations apply
Before responding, check whether the request also falls under the National Employment Standards.
Eligible employees may request flexible working arrangements under the Fair Work Act because of circumstances such as pregnancy, caring responsibilities, disability or being aged 55 or older. Service requirements apply.
These requests carry specific obligations, including a written response within 21 days. Employers can refuse only on reasonable business grounds after following required steps, including discussing the request, genuinely trying to agree on alternatives and considering the consequences of refusal.
Taking time to understand the employee’s circumstances helps you identify the right process and explore workable options.
Give both parties clarity in writing
An arrangement reached under clause 5A must be documented in an individual written agreement identifying:
- The agreed days or pattern of working from home.
- The location where work will be performed.
- Any permitted modifications to award terms.
- Any associated facilitative agreement.
- The arrangement’s start date.
- How it may be varied by agreement or terminated by either party.
The agreement must be made voluntarily, without coercion or duress. Employers must retain it as a time and wages record and provide a copy to the employee.
A general policy does not replace these requirements. The clause can also be used to formalise an existing working from home arrangement.
Check the details before changing working hours
The clause allows employers and employees to modify specified rules about working ordinary hours continuously and when rest and meal breaks are taken.
Associated facilitative agreements can address matters such as the spread of ordinary hours, make-up time and time off instead of overtime payment, subject to the relevant award requirements.
This flexibility does not remove overtime or penalty rate obligations. For example, an employee proposing an afternoon break followed by evening work needs an arrangement checked against the applicable hours and payment provisions before it starts.
Be clear about when work will occur and how those hours will be recorded.
Plan for the working day
Alongside the mandatory agreement, talk through how remote work will function.
Consider customer calls, urgent booking changes, supplier enquiries and communication with crews. Identify tasks requiring office attendance and confirm secure access to scheduling, accounts and customer information.
Set expectations for availability, equipment and communication, address workspace safety and agree on a review date. A trial can give both parties an opportunity to assess service standards and the effect on colleagues.
Work through concerns together
If concerns arise, start with a conversation at the workplace. The award’s dispute resolution procedure requires discussion with the relevant supervisor, followed by senior management where appropriate. If the issue remains unresolved after these steps, either party may refer it to the Fair Work Commission.
If someone in your team already works from home, take this opportunity to review and document the arrangement. For a new request, discuss what could work for the employee and your business before agreeing on the details.
For help checking award coverage, responding to a request or preparing a written agreement, contact your industry association’s workplace relations team or your workplace adviser. Further information is available in clause 5A of the Clerks Award.
