The Middle East conflict has already started to have a significant impact on businesses nationwide. In the last week, we have heard from builders who are seeing a 20-50% increase in material costs, farmers are unable to get diesel to run their farms, and of course, fuel prices are soaring across the country for everyday Aussies.

Last week, the International Energy Agency issued a series of steps it recommends to ease oil demand, including encouraging those who can to work from home where possible. While not a legal requirement, it’s a clear indication of the direction conversations are heading.

Requests for working from home aren’t new, but it’s a hot topic amongst employees and employers at the moment with the current global uncertainty, rising fuel costs, and cost-of-living pressures. That’s why this week we are answering some common questions about working from home and how employers can respond to requests and steps to take.

Can Employees Request to Work from Home?

‍Under the Fair Work Act (Australia):Employees can request flexible working arrangements if they meet certain criteria.

‍Eligible employees include:

• Parents or carers of school-aged children
• Carers (as defined)
• People with a disability
• Employees aged 55+
• Experiencing family/domestic violence (or supporting someone who is)
• Pregnant employees

Casual employees can request flexible work arrangements if:

• they meet one of the above criteria (such as being a person with disability, being a carer or pregnant)
• they've been working for the same employer regularly and systematically for at least 12 months
• there's a reasonable expectation of continuing work with the employer on a regular and systematic basis.

Important: While these are the legal categories, employers can still choose to consider requests outside of them and given the current conditions, it may be worth taking a practical and flexible approach.

‍Remember, requests must be in writing and an employer must respond within 21 days.

‍Employers can refuse on reasonable business grounds, which can include cost, impact on productivity or customer service, inability to reorganise work, or lack of capacity to accommodate.

Is It Reasonable to Require Office Attendance?

‍Yes absolutely. Employers can set reasonable expectations around attendance for work in an office setting, including requiring certain days in-office, presence for meetings, collaboration, or operational needs. Key word here is "reasonable".

‍Does WFH Have to Be Full-Time?

‍No, this is a common misconception. Many successful WFH arrangements can be:

• Hybrid arrangement (eg. 2 days WFH, 3 days in office)
• Temporary arrangements (eg. During fuel spikes)
• Trial Periods.

Working from home doesn’t have to be all or nothing. If an employee is requesting flexibility due to rising cost of living pressures, taking a considered and empathetic approach can go a long way.

Practical Considerations for Employers

‍A WFH arrangement doesn’t mean employees can simply start working from home without clear guidelines and considerations in place. Employers need to review and apply different strategies for:

• Performance Management – How will output be measured? Clear expectations are needed
• Communication – How will teams stay connected? Set response time expectations
• Equipment & Costs – Who provides laptops, internet, office set up?
• Data Security – WFH = increased risk. Consider policies around confidential information and device use.

And last but definitely not least is Workplace Health & Safety:

A lot of employers overlook this but WHS still applies at home.

‍Key Considerations:

• Safe workstation setup (think ergonomics)
• Electrical safety
• Mental health / isolation risks
• Clear reporting processes for injuries

You don’t need to inspect every home, but you should have a WFH checklist or self-assessment, provide guidance for setup and document approval of WFH arrangements.

Click below to download Worksafe's Work From Home Checklist. If you'd like a tailored one to your organisation, reach out to HR Dynamics today 1800 877 747 😊

Finally...

‍If you haven’t thought about WFH since COVID, now might be the time to revisit it. While not every role or request will be suitable, taking a reasonable and flexible approach where possible can support both your people and your operations.

If you’d like help developing a WFH policy or reviewing your current approach, we’re here to help.

If you’re looking for a more detailed breakdown on how to assess flexible work requests (and avoid ending up in the Fair Work Commission), you can read our full guide here.