Yes, your employer can legally force you back into the office full-time

Liberal Senator Jane Hume announced on Monday that a Coalition government would force all public servants back into the office five days a week, only making exceptions where they “work for everyone”.

The news has sparked concern among some Australians that they too will be forced back into the office full-time but employment law specialist Dr Giuseppe Carabetta doubts that will happen.

“I doubt it very much. The way we’re heading is pretty clear,” Carabetta, Associate Professor of employment law with the UTS Business School, told 9news.com.au.

Carabetta noted that most private sector businesses have embraced a hybrid model, and that flexible work arrangements increase workforce participation and diversity.

“We’ve also got some companies following overseas examples [and] pushing for a four day week,” he said.

Here’s everything you need to know about flexible working arrangements and return to office mandates in Australia.

Do I have a right to work from home Australia?

Generally, Australian employees do not have the legal right to work from home but can request flexibility.

Certain employees also have a legal entitlement under the Fair Work Act (FW Act) that allows them to request flexible working arrangements.

To qualify, they must be a permanent employee who has been with the employer for at least 12 months, or a regular casual employee who has been with the employer for at least 12 months and reasonably expects to continue on.

The request for flexible working arrangements must also be because the employee is:

“The employer is then under an obligation to consider that [request],” Carabetta said.

“They’re under an obligation to try and accommodate you if you’ve ticked those boxes, and they can reject it on what’s called reasonable business grounds.”

What rights do employees have when it comes to flexible working arrangements?

Can an employer refuse to let an employee to work from home?

Yes, an employer can refuse to allow an employee to work from home unless they’re covered by a flexible work arrangement under the Fair Work Act.

If the employer tries to reject a reasonable flexible work arrangement from an employee who meets the required criteria, the case may be taken to the Fair Work Commission.

“You can then try and make a case and the Commission can say yes or no or can come up with its own order,” Carabetta said.

Can employers mandate a return to the office?

Employees covered by a flexible work arrangement also cannot be forced to return to the office while the arrangement is in place. These arrangements are rarely indefinite.

Otherwise, Australian employees can be asked to return to the office by employers.

“They have the right to issue lawful and reasonable orders and in most cases, your employment contract will say that the normal place of work is the office,” Carabetta said.

“Therefore they can direct you back. That’s exactly what’s happened post-COVID.”

However, employers cannot single out individual employees and mandate they return to the office, they can only issue broader return to office policies.

Do remote workers have the same rights as in-office employees?

Remote workers have the same rights as employees who work in the office.

“The only thing that changes is flexibility regarding location and potentially structure and hours,” Carabetta said.

Can employees work from anywhere if they’re allowed to work remotely?

This varies, as different employees may have different arrangements and different employers may have different expectations of their remote staf.

“It depends on what the arrangement or order says,” Carabetta said, specifically around how the term ‘remote’ is defined.