WFH bill must be rejected, says construction body

The Housing Industry Association (HIA) has called for the rejection of a bill that could legislate the right to work from home, stating that it introduces unnecessary regulatory pressures.

Stuart Collins, HIA senior executive director of compliance and workplace relations, on Tuesday (3 February), said that the proposed Fair Work Amendment (Right to Work from Home) Bill 2025, creating a legislated right to work from home, could “add further regulatory pressure on small building businesses already struggling with rising costs and labour shortages”.

If passed, this bill allows workers to request to work from home for two days a week upon request, limiting the right to cases where it would make the “performance of the role’s inherent requirements impractical or impossible”.

This bill was put forward by the Greens on 5 November 2025 and on 27 November 2025 was referred to the Senate for an inquiry to take place by 26 March 2026.

Collins accepted the important role that flexible work arrangements can play in supporting workforce participation, noting that “current laws already provide a clear and functioning framework for employers and employees to establish effective working-from-home arrangements”. However, he noted that they fail to recognise the “operational realities” of numerous industries.

No one-size-fits-all

“These changes would create a blanket one-size-fits-all obligation that disregards the operational realities of many industries, including home building businesses, adding compliance pressure and complexity for employers,” Collins said.

Collins raised concerns regarding the impracticality of work-from-home mandates for numerous roles in the home building sector, noting that many of these roles require on-site work.

“Supervising construction, managing trades and ensuring safety compliance simply can’t be done remotely,” he said.

“It would also create added work health and safety complications for employers, who remain responsible for workplace safety even when that workplace is someone’s home.”

Harder to focus

Collins cited the Productivity Commission’s submission to the Senate standing committees on education and employment, which stated that “the need for a legislated right to work from home is not clear”.

“Further interference in negotiated and flexible employment arrangements risks significantly undermining productivity, employment choice and can lead to unfairness and inequity in the workplace,” he said.

“At a time when Australia faces a critical housing shortage, policy settings should support productivity and reduce regulatory imposts.

“Adding another layer of workplace regulation without clear evidence of a problem will only make it harder to focus on what matters most, building more homes for Australians.”

Submissions to the Fair Work Amendment (Right to Work from Home) Bill 2025 inquiry close on 12 February 2026.