The article discusses the potential for “work-from-home” (WFH) to become a legally enforceable right for employees in Australia, amid concerns about the Fair Work Commission’s influence in this area. Recently, the Commission has been hearing cases involving employee requests for remote work as a reasonable adjustment under the Fair Work Act.
Fair Work Commission’s Role in WFH
The Fair Work Commission (FWC) has increasingly been involved in ruling on employee rights to work remotely, particularly under the grounds of reasonable adjustments due to family or medical reasons. In one recent case, the FWC sided with an employee’s right to work from home due to caregiving responsibilities. Legal experts suggest this trend may lead to more widespread recognition of WFH as a right.
Legal Experts’ Views
Employment law experts warn that the Commission could set a precedent for WFH to become a legally enforceable right, especially as employee demands for flexible working arrangements increase. Experts argue that employers may be forced to accommodate remote work requests unless they can demonstrate significant business reasons against it.
Potential Implications for Employers
If WFH becomes a legally enforceable right, employers may face increased challenges in managing office-based work and navigating requests from employees. Experts recommend businesses establish clear remote work policies and engage in proactive discussions with employees to balance flexibility with operational needs.
In conclusion, while WFH is not yet a legal entitlement, ongoing trends and legal cases suggest it could soon become a standard expectation for Australian employees, requiring businesses to adapt their policies and practices.
Source
HR Leader