Home National Yes, your employer can mandate a return to the office five days a week, but experts are sceptical it will happen.

Yes, your employer can mandate a return to the office five days a week, but experts are sceptical it will happen.

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The Coalition has proposed a plan to require public servants to return to the office full-time if they win the upcoming election. This move could affect more than 300,000 Australian public servants, as announced by Liberal Senator Jane Hume. She indicated that while the coalition would implement this new mandate, exceptions could be made for roles that are deemed to benefit from remote work.

This announcement has raised concerns among many Australians regarding the possibility of a full-time return to office work for all employees. However, employment law expert Dr Giuseppe Carabetta believes such a sweeping mandate is unlikely. He pointed out that a significant number of private sector companies have adopted a hybrid work model, enabling employees to work both from home and the office. Dr Carabetta highlighted that flexible work arrangements not only promote workforce participation but also enhance diversity. He noted that some companies are even exploring a four-day work week inspired by overseas practices.

In Australia, employees typically do not have an automatic right to work from home, although they can request flexible work options. Under the Fair Work Act, certain employees—including permanent workers with at least 12 months of service and specific casual workers—can formally request flexible arrangements. These requests are often based on personal circumstances, such as caring responsibilities or health issues. Employers must consider these requests seriously, but they can refuse them on reasonable business grounds.

Regarding specific rights for employees, those on flexible work arrangements cannot typically be forced back to the office. Each employer has the authority to establish return-to-office policies, but individual employees cannot be uniquely targeted for mandatory office returns. Remote workers maintain the same employment rights as their in-office counterparts, differing primarily in their place of work and possibly their hours.

As flexible work options continue to shape the employment landscape, both employers and employees must navigate this evolving environment with an understanding of their rights and obligations. For further information on employee rights related to flexible working, resources from the Fair Work Ombudsman are available.

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