Mandating Two Days A Week From Home: What Employers need to know about the upcoming legislation
The world is evolving fast, and flexible work arrangements are at the centre of the conversation. As discussed in my recent Ticker News interview and shared across LinkedIn, Facebook and Instagram channels, the question of whether working from home two days a week should be a legal right is now being debated at the Fair Work Commission, and the Victorian Parliament mandated two days a week last week.
Why is Change Happening?
The push for stronger work-from-home (WFH) rights is a direct response to the shift in employee expectations since the pandemic. Flexibility is no longer a perk; it’s a key factor in attracting and retaining talent. However, inconsistent practices and a lack of clear guidelines have left both employers and employees uncertain about their rights and obligations. The Fair Work Commission’s current test case, brought by the ACTU and other advocacy groups, aims to clarify what counts as “reasonable business grounds” for refusing WFH requests and could set a new national standard.
What Could the New Laws Mean?
If the proposed legislation passes, employers may be required to offer eligible employees the right to work from home at least two days a week, unless there are clear, well-documented business reasons to refuse. Victorian legislation goes even further, requiring detailed documentation and extra protections for carers, people with disabilities, and other vulnerable groups. Businesses will need to update their policies, train leaders, and ensure compliance at both the state and federal levels.
Which Law Takes Precedent?
In Australia, Commonwealth (federal) law generally overrides state law, but if the Victorian law offers greater protections for employees, businesses should adopt the higher standard. For employers, the safest approach is to comply with whichever law benefits employees most to reduce risk and demonstrate a commitment to workplace wellbeing.
Does This Affect All Businesses?
Absolutely. Whether you’re a small business with just a handful of staff or a larger organisation, these changes will apply to you. There are no exemptions for small businesses, and all employers will need to review and update their flexible work policies and practices.
What Should Employers Do Now?
- Review and update your flexible work and remote work policies.
- Train leaders to handle requests fairly and document decisions thoroughly.
- Keep detailed records of all flexible work requests and reasons for any refusals.
- Monitor government updates and be ready to adapt quickly.
Final Thoughts
As I shared on Ticker News and across my social channels, the move towards mandating two days a week of remote work is making compliance harder than ever for businesses, especially those on the smaller side. Businesses should take a proactive approach, using legislative changes as an opportunity to attract and retain top talent—setting themselves up for long-term success.
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catie@catiepaterson.com.au
