New working-from-home changes: which ECEC administrators are covered?

New Clerks Award provisions give eligible employees a pathway to request working from home. Early learning employers need to check who is covered before applying the change.

An administrator handling enrolments and accounts may work entirely in the office. Another team member might do the same tasks but also prepare food or cover breaks in a room. Providers need to understand these differences when checking which award applies. 

For early childhood education and care employers, that distinction is important as new working-from-home provisions take effect under the Clerks Private Sector Award 2020.

The rules apply from an employee’s first full pay period starting on or after 26 October 2026. Employees covered by the award can request a working-from-home arrangement or document an existing one. Employer agreements are still required.

Start with what the employee actually does

The Fair Work Ombudsman has provided advice that employees in children’s services who are employed only for administrative work are covered by the Clerks Award.

Its guidance distinguishes these employees from support workers who undertake administration as part of a broader role. A worker whose duties also include laundry, cleaning, driving or food preparation may instead fall under the Children’s Services Award.

A job title alone will not resolve the distinction. Providers will need to check the employee’s position description, roles and responsibilities and the award or enterprise agreement applying to their individual employment.

What needs to be written down?

An employee requesting an arrangement under clause 5A must put it in writing and identify the days, or number, proportion or pattern of days, they propose to work from home.

If an agreement is reached, it must then record the location, working pattern and commencement date. It must also explain how the arrangement can be varied by agreement or ended by either party, and identify any permitted modifications to award terms and accompanying facilitative agreements.

Both parties must agree without pressure or being forced to accept the arrangement. The employer must give the employee a copy and retain the agreement as a time and wages record.

What does this mean inside a service?

Providers employing administrators need to check whether position descriptions accurately reflect the work being performed. An employee may hold an early childhood qualification but be engaged solely in administration, without working directly with children. Providers should check the duties of the role rather than assume the qualification determines award coverage.

Before an arrangement starts, both parties need to know which tasks will be completed at home, the expected timeframes and when the employee will be available. They also need access to the right systems and someone to contact when a problem arises. If onsite duties are passed to another employee, that person’s workload needs to be considered too.

Home-office safety needs attention too. Safe Work Australia advises that working from home can introduce or change risks, including those associated with workstation setup and the demands of the work. Providers should work through these risks with the employee. A move to a different home or a change in the workspace is a reason to revisit the assessment.

This change provides a reason to review administrative roles and their documentation. Any review of award coverage needs to reflect the duties performed, rather than simply changing a position title.

A request is a protected workplace right

Fair Work advises that employees are protected against adverse action for exercising their right to request an arrangement under the new clause.

This award provision is separate from flexible-working requests under the National Employment Standards. Unresolved disputes about working-from-home requests can be referred to the Fair Work Commission under the applicable dispute procedures.

For additional information read the Fair Work Ombudsman’s guidance, clause 5A of the Clerks Award and Safe Work Australia’s working-from-home guidance.

Fiona Alston is Editor of The Sector. This article draws on her experience in early childhood operations, quality, compliance and leadership.