Yahoo Finance Major work-from-home update impacting millions of Aussie workers: 'Disrupt push back to office'
The Fair Work Commission is conducting an investigation into whether workers on the Clerks Award should have a work from home right.
Millions of Aussie workers could soon have a major leg up to remain working from home (WFH) amid a push for people to return to the office. The Fair Work Commission announced an investigation into whether a WFH precedent should be set for clerical workers in the private sector.
There has been a major campaign over the last few years for workers to return to the office and interact with their colleagues, with the NSW government recently ending WFH arrangements for all public sector workers. But HR expert Lara Nercessian told Yahoo Finance a Fair Work ruling could chuck a major spanner in the works.
"A lot of businesses and organisations are going to be quite apprehensive in terms of the way that this unfolds," she said.
"After their significant efforts and attempts to get people back into the office full-time, I think a lot of organisations may see it as undoing the work that they've done."
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Recent research from Robert Half found about two in five Aussie employees are now expected to head into the office five days per week.
The vast majority of Aussie companies (86 per cent) require staff to come into the office at least once a week, with five days the most common arrangement, followed by three days a week (17 per cent) and four days (12 per cent).
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Fair Work's investigation could be the first domino
While this investigation could impact the millions employed under a Clerks Award, it could open up a can of worms for the rest of the private sector.
Nercessian told Yahoo Finance that's why there's so much riding on this "significant" case.
"Depending on the outcome of this hearing, it may also serve as a model for other modern awards, not just the Clerks Award, and could have a much broader impact," she said.
"This is really going to stir the pot, and this is really going to disrupt a lot of those organisations that have really been pushing to have employees back in the office full-time."
What would the ruling change for working-from-home rights?
She explained that what could result from the investigation is a new system of responsibility when it comes to working from home.
At the moment, workers have a right under the Clerks Award have to make a WFH request and explain why they should be allowed to do it.
But this right is currently only available to workers who have been with their employer for at least 12 months and are pregnant, a parent, someone with a disability, over the age of 55, are a carer, or someone experiencing domestic violence.
The Fair Work ruling could flip that responsibility on its head and force an employer to justify why they need the worker to be in the office.
Nercessian likened the process to parents returning to work from maternity leave.
A formal request can be made for flexible working conditions, with an acceptance or rejection justified in writing and both parties allowed to respond within 21 days.
"An organisation would have to provide a reasonable business ground as to why that person's role could not be performed from home and there would have to be some kind of adverse impact to the business," she said.
Fair Work said working from home was “an important issue relevant to balancing work and care and job security” and they would consequently give it “priority consideration.”
The first hearing will be held on September 13.
What is the Clerks Award
The Clerks Award is a fairly broad category when it comes to employment and it can include a range of day-to-day tasks.
This includes people who are employed to do:
filing and photocopying
typing and word processing
managing accounts, invoices and orders
billing clients and customers
maintaining records and journals, including payroll
answering calls
cash handling
operating a telephone switchboard
attending a reception desk
secretarial and executive support services
Fair Work said the types of roles in a Clerks Award include administrative assistants, receptionists, and bookkeepers.
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