Victorian Premier, Jacinta Allan, has announced her intention to introduce legislation which would give employees the right to work from home for at least two days per week.
The proposed legislation will apply to all employees who can reasonably do their job at home.
In a press release, Allan explained the rationale behind the potential change in law as follows:[1]
- Working from home is popular and already utilised by employees in Australia.
- Working from home has the potential to save employees money and reduces congestion.
- The proposed change will enable opportunities to work including for women with children, carers and those with a disability.
- Employees who work from home will potentially work more hours than those in the office full-time.
The Government will be undertaking consultation and are planning to pass legislation next year.
Current law in Australia
Currently in Australia under the Fair Work Act 2009, full-time and part-time employees who have worked for their employer for at least 12 months can request flexible working arrangements (including remote work) if they:[2]
- are pregnant
- are a parent, or have the responsibility for the care of a child of school age or younger
- are returning to work after taking parental leave
- are a carer
- have a disability
- are 55 or older
- are experiencing family and domestic violence
- provide care or support to a member of their immediate family, or a member of their household, who is experiencing family and domestic violence.
Casual employees can make a flexible working request if they meet one of the criteria above, have been working for the same employer regularly for 12 months, and there is a reasonable expectation that this work will continue regularly and systematically.
Employers must respond to a request within 21 days and can decline requests if they have reasonable business grounds.[3] Examples of reasonable business grounds might include cost to the business, practicality, or if there is likely to be a negative impact on customer service, or productivity and efficiency.[4]
What about New Zealand?
Working from home is not a legal entitlement in New Zealand currently. Rather it is governed by the terms/conditions of each employee’s individual employment agreement, which specifies the employee’s location of work.
However, under section 69AAB of the Employment Relations Act 2000 (Act), an employee may request flexible working arrangements at any time subject to certain requirements (i.e. the provision of specific information).
Under section 69AAB, the request must be in writing, and include the following details:[5]
- the employee’s name
- the date on which the request is made
- that the request is made under Part 6AA of the Act
- whether the request is permanent or temporary
- the duration period that the employee wishes to work from home
- if any arrangements of the employer need to be made because of the work from home request.
Employers are legally required to consider/respond to requests as soon as possible, and no later than one month after the request is received.
At this stage, we are unlikely to see New Zealand following in the footsteps of Victoria, with Public Service Minister Nicola Willis confirming late last year that flexible working arrangements are not an entitlement, and the government’s preference is for public servants to be in the office full-time.[6]
For more information on flexible work arrangements, or any other employment law matter, please reach out to our team of Employment Law experts.
[1] Work From Home Works For Families | Premier
[2] Fair Work Act 2009, s 65(1A)
[3] Fair Work Act 2009, s 65A
[4] Fair Work Act 2009, s 65A(5)
[5] Section 69AAC
[6] Watch: Nicola Willis demands tightening of working-from-home public service arrangements | RNZ News.
