New work-from-home rights

The Greens introduced the Fair Work Amendment (Right to Work from Home) Bill 2025 (the WFH Bill) which proposes to amend the flexible working arrangements provisions of the Fair Work Act 2009 (the FW Act).

If the legislation is passed, the Bill will introduce a right for all employees to request to work from home up to two days per week.

Under the legislation currently drafted, employers would only be able to refuse any work-from-home requests if the requested change would make the performance of the employee’s inherent duties impractical or impossible. Eligibility limits such as age, disability, etc would be eliminated allowing employees to make a request for more flexible working arrangements, including working from home. At the same time, the employer’s options in refusing such requests have been limited.

The Senate Standing Committee on Education and Employment is reviewing the drat legislation and submissions made and will report back to Government on 26 March 2026.

Disclaimer: This does not purport to be comprehensive or to render legal advice. You should not act based on any information contained in this publication without first obtaining specific professional advice. Consult your legal advisor to determine if this applies to you.