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Law

Working from home rights could become cemented in law

By Jack Campbell | |5 minute read

Discussions around working from home (WFH) among government representatives could see this perk become a right for many Australia workers.

A review instigated by The Fair Work Commission (FWC) and Workplace Relations Minister Tony Burke is examining whether WFH should be a right for around 2.2 million Aussie workers. The FWC decision could potentially include WFH rights in awards, meaning employees would have a legal standing.

Prime Minister Anthony Albanese weighed in on the matter at a press conference this morning (22 February). He visited Leichardt, in Sydney’s Inner West this morning to discuss healthcare, Julian Assange, WFH, and more.

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While the Prime Minister noted that WFH isn’t applicable to all industries, for example construction, the benefits it can bring to many industries should be examined.

“For many people it provides flexibility ... Rather than spending up to three hours – many people travel an hour and a half each way to and from work – that activity can be done more productively,” said Mr Albanese.

“I think what we need to do is look for win-win. We need to look where it’s appropriate, where it boosts productivity, where it is helpful.”

However, the Prime Minister noted that it is not a one-size-fits-all decision, and there will be considerations to be made.

“I think it is important, at least from time to time, that people gather in one place, so they can have that social interaction as well,” he said.

“Women’s workforce participation is at a record high, and that is one of the factors. Now, you can’t work from home as a nurse at this facility because you’ve got to work with patients, so it isn’t one size fits all … And we shouldn’t have a one size fits all approach to it.”

Similarly, opposition leader Peter Dutton chimed in on the WFH discussion at a press conference today.

“Flexibility is fine for workers, and we encourage that. But, in the end, we have to be careful that the Albanese government just doesn’t side with the union on every occasion,” said Mr Dutton.

Others are more hopeful that the changes will be a positive for Aussie workers. Ben Thompson, Employment Hero chief executive commented: "As the Fair Work Commission investigates whether the 2.2 million Aussie workers on awards should be given working-from-home rights, it's clear that the debate on remote work continues to accelerate."

"These conversations are crucial. The shift to flexible work arrangements has unlocked a world of opportunities, not just for businesses to tap into a wider talent pool but also for a diverse set of individuals to engage with the workforce. And it’s not just limited to working from home, but enabling a work culture that is adaptive, inclusive, and productive."

He concluded: "As our own journey and data reveal, this approach propels growth and fosters a vibrant, diverse workforce. It’s paramount these discussions do not digress into a political tug-of-war but instead focus on enhancing productivity and global competitiveness. This isn't just about individual rights or businesses' operational flexibility, but about creating a more inclusive and efficient Australian workforce."

Jack Campbell

Jack Campbell

Jack is the editor at HR Leader.