Flexible work broader than just working from home

A proposed amendment to the Fair Work Act 2009 to include a right to request working from home for up to two days per week has been criticised as overly narrow and potentially discriminatory. Submissions to a federal inquiry raised concerns that existing flexible work frameworks already strike an appropriate balance. The Fair Work Ombudsman lists work from home among flexible work arrangements that also include flexible start and finish times, split shifts, and job sharing. Eligible employees include pregnant people, parents, carers, people with disability, people over 55, and people experiencing family and domestic violence. Requests must be made in writing with the requested changes and reasons. The Finance Sector Union reported inconsistent office mandates and penalties, including cases where workers cannot return to the office due to commutes, costs, caring responsibilities, or disability, and noted requests for medical certificates.

"A bill amending the Fair Work Act 2009 to include the right to work from home is too narrow in its focus and could lead to discrimination, according to submissions in a federal inquiry. Others have cautioned against legislating work from home saying existing frameworks surrounding it have struck the right balance. It comes as submissions to a federal inquiry closed on the bill to give employees the right to request work from home for up to two days per week."

"According to the Fair Work Ombudsman (FWO), work from home is among four flexible work arrangements which include flexible start and finish times, split shifts and job sharing. Those eligible to request flexible work are pregnant people, parents, carers, people with a disability, people over 55 and those experiencing family and domestic violence. The requests must be made in writing, explain what changes are being asked for, and the reason for the change."

"The Finance Sector Union said in its submission some workers have been asked to provide medical certificates to work from home. "The office mandates are not uniform across the industry, nor are the penalties for non-compliance," the submission read. "There are some workers who were initially engaged in their role and were working from home full-time who are unable to work from the office. "This includes workers facing untenable commutes, increased costs and an inability to make the office mandates work alongside their caring responsibilities, those with disabilities.""

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