“We hope common sense will prevail to support clerical staff and their employers to implement working from home arrangements, where agreed, by removing various impractical technical barriers that are currently imposed by the Clerks – Private Sector Award 2020," Innes Willox, Chief Executive of the national employer association Ai Group, said.
“Ai Group will be an enthusiastic participant in the Review announced today by the Full Bench of the Fair Work Commission to develop a working from home term in the Clerks – Private Sector Award 2020. Indeed, we have been calling for many of the modest and sensible flexibilities that the Commission is proposing to consider in the Review for some time now.
“So far, this Award has imposed centralised rigidities and constraints around how an employer and employee cooperate.
“This award applies to millions of employees – a large proportion of whom are working from home at least some of the time.
“People employed under the Clerks Award are the most likely to work from home and they are more likely to be employed at a small or medium sized Australian business.
“It must however be remembered that working from home arrangements are not always appropriate. Employers must not be unreasonably compelled to agree to such arrangements where, for example, they are not practicable for operational reasons.
Further, the Fair Work Act already enables certain categories of employees to request working from home. Awards should not overlay these provisions with further complexity or regulation. These are matters that are generally best dealt with at the enterprise-level, through mutual discussion and cooperation between employers and their employees.
"Justice Hatcher will conduct a directions hearing at 9.30am on September 13,” Mr Willox said.
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