EMPLOYEE RELATIONS
WFH rights in spotlight as Services Union challenges Clerks Award
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Is six months' notice for RTO fair? Yes, says the union; 'loopy', say employers.
In a major move that could reshape workplace norms across Australia, the Australian Services Union (ASU) is calling for a new clause in the Clerks Award that would require employers to give at least six months’ notice before forcing staff to return to the office. This proposed change, now before the Fair Work Commission (FWC), aims to secure greater stability for around 1.8 million clerical and administrative workers, particularly the three-quarters who are women and often juggle work with caregiving responsibilities.
What the ASU is proposing
The ASU’s proposed clause seeks to give workers the presumed right to work from home when reasonably requested. If an employer refuses such a request, they would be required to provide 26 weeks' notice before enforcing a return to office (RTO) mandate, unless mutually agreed otherwise.
The ASU national secretary emphasised that the proposal takes into account the everyday realities faced by many employees, especially those with caregiving responsibilities. The secretary stressed that sudden changes to work locations can have serious consequences, saying such moves don’t just alter the physical setting, they can unravel the routines families depend on, including managing school schedules and providing care for loved ones.
The union believes that sudden RTO orders unfairly burden employees who have built their lives around the flexibility of remote work, particularly after several years of pandemic-driven adaptation.
Why this is happening now
The FWC is currently reviewing the Clerks Private Sector Award to determine whether new work from home provisions should be embedded in the agreement. The ASU’s proposal is one of several being considered.
The union submitted its proposal earlier this week. Submissions will remain open until September 2, with a follow-up FWC hearing scheduled for September 5 to determine next steps.
The ASU’s push follows a wave of high-profile RTO announcements by companies, such as Amazon, Woolworths, and Coles, who have recently scaled back or ended work from home arrangements, citing productivity and collaboration concerns.
In support of its proposal, the ASU conducted a nationwide survey of 600 clerical and administrative workers. Key findings include:
For some, like IT specialists, the flexibility to work remotely is more than just convenient, it’s essential. As someone who is neurodiverse, such specialists are of the view that working from home provides a quieter, more manageable environment compared to the overstimulation of a traditional office. According to them, it doesn’t make sense to waste hours commuting just to sit at a different desk.
'Loopiest yet', say businesses
Not everyone is on board. The Australian Industry Group has pushed back strongly against the proposal. Its CEO had called it the ‘loopiest yet’ from the union movement, warning it could backfire by making employers less likely to offer remote options at all.
The CEO argued that the current Fair Work Act already provides adequate protections, giving employees the right to request flexible arrangements under specific circumstances, requests that, according to a recent FWC-commissioned survey, are approved or partly approved 94% of the time.
While the ASU’s proposal currently applies only to clerical workers under the Clerks Award (directly covers around 91,000 workers), it could set a broader precedent. The union represents workers across multiple sectors, including local government, social services, transport, travel, and private-sector administration, many of whom also engage in hybrid or fully remote work.
The proposal also touches on broader workplace equity issues. According to experts, any rollback of remote work flexibility would disproportionately impact women, who make up the majority of the workforce affected and who typically bear a greater share of caregiving responsibilities.
The evolution of remote work in Australia
Moving forward, the FWC will assess the ASU's proposal with other submissions. If accepted, the new clause could be written into the Clerks Award, potentially triggering broader changes across other industrial awards and workplace agreements.
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