Work From Home Policy

Who can use this policy?

Any employer can use this policy. Work Health and Safety laws apply when individuals work from home as they do in a practice or office. The employer must ensure the health and safety of their workers as far as reasonably practicable when WFH regularly, or also intermittently. Employers’ obligations for WFH are quite similar to their obligations for more general flexible work arrangements. While this policy is specific to WFH, the statutory procedures are more closely aligned with the ‘flexible working arrangement’ framework.

What is the purpose of this policy?

This policy is designed to meet minimum legislative requirements set out by the National Employment Standards in the Fair Work Act 2009 (Cth) (Fair Work Act) surrounding flexible working arrangements (Division 4 of Part 2-2 of the Fair Work Act). The confidentiality of work in a WFH situation may not be as easily monitored by employers – this policy raises the responsibilities of employees to maintain an equally high standard of data security (see also, Privacy Act 1988).

The purpose of this policy is to provide employees with details as to what flexible working arrangements are available to them and which employees are eligible to request such arrangements. The policy indicates their obligations – relating to notice, evidence requirements, security measures, and safety steps. This policy also sets out a procedure for requesting flexible working arrangements, including how these requests will be responded to and the timeframe for providing a response.

Who is covered by this policy?

Any employee can ask for flexible working arrangements, but certain employees have the legal entitlement to request flexible working arrangements and to have this request considered by their employer.

As this policy reflects minimum legislative requirements surrounding flexible working arrangements, it therefore applies to full-time and part-time employees who have been employed for at least 12 months and:

• are the parent, or have responsibility for the care, of a child who is school aged or younger;
• are a carer (under the Carer Recognition Act 2010 (Cth));
• are a person with disability;
• are 55 or older;
• are pregnant;
• are experiencing family and domestic violence, or
• provide care or support to an immediate family or household member who is experiencing family and domestic violence.

Casual employees are also covered by this policy if they:

• meet one of the criteria listed above;
• have been working for their employer regularly and systematically for at least 12 months; and
• have a reasonable expectation of continuing work with their employer on a regular and systematic basis.

The policy does not relate to the ability of an Employee to request and enter into an “individual flexibility arrangement” under a modern award or enterprise agreement (“IFA”). If an employee approaches the business about an IFA then that is a different process and results in different documentation.

Considerations for employers

As this policy has been drafted to meet minimum legislative requirements, care should be taken when making changes to the policy, particularly changes which restrict the entitlements of employees, as these changes may not be compliant with the Fair Work Act.

Some employees may request flexible working arrangements to deal with urgent caring responsibilities or the effects of family and domestic violence. While the Fair Work Act requires that employers respond to an employee’s request for flexible working arrangements within 21 days, employers should provide a response to urgent or sensitive employee requests within a shorter timeframe. This helps employees feel better supported by their employer during stressful times.

Employers may reject an employee’s request for flexible working arrangements on reasonable business grounds and only after following the procedure set out by the Fair Work Act, which has been reflected in this policy.

When an employer and employee agree to flexible working arrangements, these arrangements should be documented in writing. Flexible working arrangements which will be in place for an extended period (or permanently) should be periodically reviewed to ensure that they continue to meet the needs of the employee and the business.

Employers should be careful to delineate between the type of request and if the request relates to an IFA, then check whether the employee requesting flexible working arrangements is covered by a modern award, and if so, be sure to follow the applicable provisions of that award in dealing with the IFA request.

Considerations for employees/workers

Work Health and Safety (WHS)

• Employees must take reasonable care for their own health and safety and that of others who may be affected by their actions;
• They must ensure their home workspace is safe, ergonomically appropriate, and free from hazards (e.g. trip risks, poor lighting, faulty equipment);
• A self-assessment checklist or remote WHS risk assessment may be required before WFH is approved; and
• Employees must immediately report any injuries or safety concerns arising in the course of remote work.

Hours of Work and Availability

• Employees must work during their agreed core hours and remain available and contactable during those times;
• Clear boundaries should be maintained between work and personal time to avoid unpaid overtime or burnout; and
• Attendance at scheduled virtual meetings or online check-ins is mandatory unless otherwise agreed.

Confidentiality and Information Security

• Employees must take all reasonable steps to protect confidential information;
• Physical documents should be stored securely and disposed of in accordance with organisational procedures; and
• Unauthorised access, disclosure, or storage of work-related data by household members is strictly prohibited.

Use of Equipment and Resources

• Where provided, organisational equipment must be used solely for work purposes and kept in good condition;
• Employees may be required to maintain a stable internet connection and ensure phone or videoconferencing capabilities;
• Any damage, fault, or loss of work-related property must be reported immediately; and
• Employees may need to cover some costs of utilities or internet use, unless otherwise agreed.

Communication and Responsiveness

• Employees are expected to:
  • Respond to emails, phone calls, and messages in a timely manner;
  • Keep their calendar updated; and
  • Notify their manager if they are temporarily away from their workstation during working hours.
• Regular virtual check-ins may be scheduled to support performance and maintain team cohesion.

Performance and Output

• All normal performance expectations continue to apply while working from home;
• Employees should be able to demonstrate that their productivity and quality of work meet
• Managers may monitor progress through:
  • Work logs or timesheets;
  • Deliverables-based review;
  • Regular one-on-one supervision.

Compliance and Policy Awareness

• Employees must comply with all relevant organisational policies, including but not limited to:
  • Code of Conduct;
  • Privacy Policy;
  • IT Usage and Cybersecurity Policies; and
  • Leave and Attendance Policies.
• Breaches of this policy, including failure to maintain WHS standards or protect confidential information, may result in disciplinary action.

Reporting and Feedback

• Employees must promptly notify their manager of:
  • Changes in their personal circumstances that affect their capacity to work from home;
  • Technical or environmental issues interfering with performance; and
  • Any concerns about their health, safety, or wellbeing in the remote setting.
• Feedback about the WFH experience is encouraged to ensure the arrangements remain mutually beneficial.

Does this policy require consultation with employees prior to adoption?

In Australia, some workplace policies require consultation with employees before they can be implemented by a company. This requirement is set out in legislation, awards, and enterprise agreements.

This policy may not require consultation with employees before it is implemented, but a company should consult with their employees before implementing any new or amended workplace policy as a matter of best practice, even when they are not legally required to do so.

This is a general statement. Always refer to the modern award(s) or enterprise agreement relevant to the company’s employees to determine if the company needs to consult with its employees before implementing this policy.