The Fair Work Amendment (Right to Work from Home) Bill 2025 adds a statutory right for employees to request working from home up to two days per week under the Fair Work Act 2009.
This change recognises the benefits of flexible work for productivity, inclusion, and work–life balance while preserving employer safeguards where remote work is impractical.
The Fair Work Amendment (Right to Work from Home) Bill 2025 amends the Fair Work Act 2009 by creating a new ‘work from home up to 2 days request’ category in Part 2-2, Division 4 and removing existing eligibility limits tied to personal circumstances. It extends the right to request flexible work arrangements to all employees.
Key changes include:
The amendments commence on Royal Assent, with Schedule 1 taking effect the following day and applying prospectively.
Flexible work arrangements enhance overall well-being by reducing commuting time, lowering stress and improving productivity across the workforce [Judgment]. Enshrining a clear right to request up to two days of remote work helps both employers and employees plan more effectively and fosters a healthier work–life balance.
By extending access to all employees, regardless of caring responsibilities or other personal circumstances, the Bill promotes equality in workplace flexibility and supports the inclusion of carers, people with disability and regional workers who otherwise face barriers to on-site work. Equal access to remote work can reduce absenteeism and staff turnover, saving businesses recruitment and training costs [Judgment].
Granting the Fair Work Commission power to review and determine unreasonable refusals ensures consistent application of the statutory right and protects employees from arbitrary or discriminatory decisions by employers [Judgment].
Mandating a statutory right to request remote work imposes new administrative burdens on employers, requiring them to assess and negotiate each request even when the business case is weak or the role’s tasks depend on in-person collaboration [Judgment]. Small businesses in particular may lack the resources to deploy IT infrastructure or manage extra HR procedures.
Remote work is not suitable for all roles or workplaces; introducing a one-size-fits-all entitlement could undermine productivity and team cohesion in industries where face-to-face supervision and on-site presence are essential, such as manufacturing, health services and customer-facing sectors [Judgment].
Moreover, employers have a fundamental right to direct their workforce and manage their own operations. Granting the Fair Work Commission binding power to override refusal decisions may encroach on the autonomy and property rights of businesses [Judgment].
2025-11-05
Senate
Before Senate
POCOCK, Sen Barbara
Unspecified
Labour, Social Support / Welfare