Political Spotlight on Remote Work: Essential Employer Insights
The working from home debate has continued and intensified in 2025. In January, President Trump issued an executive order requiring federal employees to return to the office full-time and this month Peter Dutton announced plans to mandate full-time return to office for public servants if the Coalition wins the next election.
The tension clearly remains between governments and employers wanting employees back in the office and employees wanting to work from home (36% of Australians usually worked from home in August 2024 according to the ABS).
From a workplace law perspective, working from home raises several important considerations for employers, including:
Health and safety obligations: an employee's home office is likely their place of employment, enlivening an employer’s health and safety obligations.
Workers compensation laws: Last year, the South Australian Employment Tribunal found that an injury, sustained by an employee when tripping over a pet fence, was compensable under workers' compensation legislation. This highlights the importance of employers taking steps to satisfy their health and safety obligations, but what steps are required?
Flexible working arrangements: some employees have a right to request working from home and, since June 2023, the Fair Work Commission has been able to hear disputes in relation to such requests. Which employees have a right to request flexible working arrangements, and what steps that must be taken?
Policies: businesses permitting working from home should consider whether a working from home policy is required. Such a policy covers expectations in relation to days in the office, working hours and health and safety considerations. Does your business need a working from home policy?
Hours of work: businesses should consider whether they understand the hours being worked by employees when working from home. Depending on the employee and their circumstances, a lack of understanding of hours being worked could lead to claims for unpaid overtime.
Modern award entitlements: the Fair Work Commission is currently reviewing the Clerks – Private Sector Award 2010 in relation to whether any specific variations are needed regarding working from home arrangements. This review is ongoing.
Technology: remote work has led to increased use of technology to monitor employees. A June 2024 submission by the QUT Centre for Decent Work & Industry explained that vendors selling “people management technologies with ADM [automated decision-making] capabilities, globally and in Australia have reported significant increases in sales during and post-pandemic…” The submission further considered the various technologies that exist, including technologies that automatically take screenshots from employees’ remote computers, track keystrokes and even analyse emails, tone of voice and facial expressions. The legal and practical risks arising from these new technologies are still emerging, particularly in Australia. Even now, employers must consider several factors when using these technologies in HR. Are there privacy law implications? Is the technology making employment decisions? Are there psychosocial safety concerns?
The remote work debate is complex and touches on various areas of the law.
Join myself and Amy Towers, Principal at Risk Collective, for a free 45-minute webinar on Wednesday, 26th March, 10 AM AEST / 11 AM AEDT where we will discuss the critical issues employers need to consider if they have employees working from home.