Can Employers Force Employees Back Into the Office Full-Time? Experts Weigh In

The Coalition’s recent suggestion to end work-from-home options for public servants, potentially affecting over 300,000 Australians, has sparked widespread concern about the future of remote work. While some fear a return to pre-pandemic norms, employment law expert Dr. Giuseppe Carabetta doubts such mandates will become commonplace in the private sector. As hybrid and flexible work models continue to gain traction, understanding employee rights and employer obligations is crucial.

This article explores the legal framework surrounding return-to-office policies, the conditions under which employees can request flexibility, and what employers can and cannot enforce.

Do Employees Have the Right to Work From Home?
In Australia, employees generally do not have an automatic legal right to work from home unless they qualify for flexible working arrangements under the Fair Work Act (FW Act). Qualifying employees include permanent or regular casual workers who have been with their employer for at least 12 months and meet specific criteria, such as being parents, carers, individuals with disabilities, or those aged 55 years or older.

Under these provisions, employers are obligated to consider requests for flexible work arrangements reasonably and may only reject them on valid business grounds. “If you tick the boxes, the employer must try to accommodate your request,” explains Carabetta. However, if rejected, employees can escalate the matter to the Fair Work Commission for review.

Can Employers Mandate a Return to the Office?
For employees without formal flexible work agreements, employers can mandate a return to the office. According to Carabetta, most employment contracts specify the office as the primary place of work, allowing employers to issue lawful and reasonable orders directing staff back to physical locations.

However, there are limitations:

• Employers cannot single out individual employees for mandatory returns; directives must apply broadly across teams or departments.
• Flexible work arrangements already in place cannot be arbitrarily overturned until their agreed terms expire.

Despite this, Carabetta notes that many businesses recognize the benefits of hybrid models, including increased workforce participation, diversity, and productivity. Some companies are even exploring four-day workweeks inspired by international trends.

What Rights Do Remote Workers Have?
Remote workers enjoy the same fundamental rights as their in-office counterparts, including entitlements to fair pay, safe working conditions, and protection against discrimination. The primary difference lies in location flexibility and, occasionally, scheduling adjustments.

“If the arrangement specifies ‘remote’ work, it depends on how that term is defined within the agreement,” says Carabetta. For instance, some arrangements may permit working from anywhere domestically or internationally, while others restrict employees to specific regions.

Implications of the Coalition’s Proposal
The Coalition’s plan to require all public servants to return to the office five days a week—if elected—highlights ongoing debates around workplace flexibility. While public sector changes could set precedents, Carabetta believes private sector employers are unlikely to adopt rigid policies given shifting societal expectations and competitive labor markets.

He emphasizes that forcing full-time office attendance risks alienating talent, particularly amid challenges like the cost-of-living crisis and evolving family dynamics. Instead, he predicts continued adoption of hybrid models balancing organizational needs with employee preferences.

Conclusion
While employers retain the authority to mandate office attendance, doing so indiscriminately may prove counterproductive. Flexible work arrangements remain vital tools for attracting and retaining skilled workers, enhancing job satisfaction, and promoting inclusivity. Employees seeking flexibility should familiarize themselves with their rights under the Fair Work Act and engage constructively with employers to negotiate mutually beneficial solutions.