Fair Work Amendment (Right to Work from Home) Bill 2025: what Senator Pocock's proposal would mean for employees and employers

The short answer

Fair Work Amendment (Right to Work from Home) Bill 2025: what Senator Pocock's proposal would mean for employees and employers

The Fair Work Amendment (Right to Work from Home) Bill 2025 is a private senator's bill introduced by Greens Senator Barbara Pocock on 5 November 2025. It proposes to amend the Fair Work Act 2009 to create a new statutory right for employees to request to work from home for up to two days per week. The bill is before the Senate and has been referred to the Senate Education and Employment Legislation Committee for inquiry, with a report due by 18 June 2026. The bill is brief in its scope but potentially significant in its impact. It would insert a new provision into the Fair Work Act 2009 that gives employees the right to request to work from home for up to two days per week. The request would be made to the employer, who would be required to consider it and respond. The bill is modelled on, but goes further than, the existing right to request flexible working arrangements that was strengthened under the Albanese Government's Secure Jobs, Better Pay reforms passed in late 2022. Under the current Fair Work Act, employees who have worked for the same employer for at least 12 months, or casual employees with a reasonable expectation of continuing employment, have the right to request flexible working arrangements. These arrangements can include changes to hours, patterns of work, or location of work. Employers can refuse a request only on reasonable business grounds and must provide written reasons. The Fair Work Commission can deal with disputes about refusals, including by making orders. Senator Pocock's bill would create a specific, standalone right to request work from home. It would apply to employees more broadly than the existing flexible work provisions and would specifically carve out a two-day-per-week entitlement as a presumptive standard. The bill does not create an absolute right to work from home — employers would still have the ability to refuse requests on reasonable grounds — but it would shift the default expectation and strengthen the procedural and substantive protections for employees who wish to work remotely. Who would be affected: The bill would apply to employees covered by the national workplace relations system, which covers the vast majority of Australian workers. It would not apply to state public sector employees in Western Australia and some other categories of workers not covered by the Fair Work Act. Employers across all industries would need to establish processes for considering work-from-home requests and document their reasons for any refusals. The bill would particularly affect industries where remote work is feasible but employers have been resistant to it, such as professional services, public administration, finance and insurance, and some parts of the education sector. The bill's explanatory memorandum would typically set out the rationale for the legislation, which Senator Pocock has publicly described as recognising the changed nature of work following the COVID-19 pandemic and the benefits of remote work for employee wellbeing, productivity, gender equity, and reduced commuting. The explanatory memorandum may also address constitutional validity, noting that the bill relies on the corporations power and other heads of Commonwealth legislative power. Important context: The bill sits within a broader policy debate about the future of work and the regulation of remote and hybrid working arrangements in Australia. Unlike some European countries, Australia does not have a legislated 'right to disconnect' from work outside working hours (though a right to disconnect was legislated in 2024 as part of the Closing Loopholes reforms). The bill represents a different dimension of work-life balance — the right to choose where work is performed rather than when work communication occurs. The bill was referred to the Senate Education and Employment Legislation Committee on 28 November 2025, with a reporting deadline of 18 June 2026. Committees examining private senators' bills typically hold public hearings and invite submissions from stakeholders including employer groups, unions, and academics. Employer organisations such as the Australian Chamber of Commerce and Industry, the Australian Industry Group, and the Business Council of Australia are likely to have made submissions opposing or seeking to modify the bill, arguing for employer flexibility and expressing concerns about productivity, collaboration, and management oversight. Unions and community organisations are likely to have supported the bill or sought to strengthen it. The bill faces significant political hurdles. As a private senator's bill introduced by a Greens senator, it does not have government support. While the Albanese Government has pursued a broad workplace relations reform agenda including the Secure Jobs, Better Pay Act 2022 and the Closing Loopholes Acts of 2023 and 2024, it has not committed to a specific standalone right to work from home. Without government support, private senators' bills rarely pass. If the bill were to pass, practical implementation questions would arise: how 'work from home' is defined (does it include working from a co-working space, a cafe, or another location?), how the two-day limit interacts with part-time work, what happens when an employee's role changes, how disputes would be resolved, and what remedies would be available if an employer unreasonably refuses a request. The bill text and explanatory memorandum, which we have reviewed, address some but not all of these questions.

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The useful question is not only “what is the rule?” but also “who administers it, which document controls it, and when might it change?” That distinction prevents an accurate general explanation from becoming wrong advice in a particular election, chamber or policy setting.

Evidence review

What the bill proposes

The Fair Work Amendment (Right to Work from Home) Bill 2025, introduced by Greens Senator Barbara Pocock on 5 November 2025, would amend the Fair Work Act 2009 to give employees the right to request to work from home for up to two days per week. It is a private senator's bill — not government legislation — and is before the Senate.

The bill is concise. It would insert a new division into the Fair Work Act creating a specific statutory right to request to work remotely. Employees would make a request to their employer, who would be required to consider it and could refuse only on specified grounds. The bill does not create an absolute right to work from home, but it would shift the legal default towards accommodating remote work.

Evidence review

How it differs from existing flexible work rights

The Fair Work Act already contains a right to request flexible working arrangements under section 65, which was strengthened by the Secure Jobs, Better Pay Act 2022. Employees with at least 12 months' service (and casuals with a reasonable expectation of continuing employment) can request changes to hours, patterns or location of work. Employers can refuse only on 'reasonable business grounds' and must provide written reasons. Disputes can go to the Fair Work Commission.

Senator Pocock's bill would go further in two ways. First, it would create a standalone right specifically for working from home, rather than treating it as one category within flexible work generally. Second, it would apply to a broader range of employees (the existing provisions have a 12-month qualifying period). The bill does not appear to alter the existing 'reasonable business grounds' test for refusal.

Evidence review

The political context

The bill was introduced against the backdrop of significant shifts in Australian working patterns since the COVID-19 pandemic. Many workers and employers adapted to remote work during lockdowns, and a substantial proportion have continued with hybrid arrangements. However, some employers have been pushing for increased office attendance, creating tension with employees who prefer remote or hybrid work.

The Albanese Government has legislated several major workplace reforms since 2022 including the right to disconnect (part of the Closing Loopholes reforms). However, it has not announced support for a standalone right to work from home. Without government backing, private senators' bills face an uphill path to passage.

The Senate Education and Employment Legislation Committee is conducting an inquiry into the bill, with submissions from stakeholders and a report due by 18 June 2026. The committee's report will provide insight into the level of support and opposition across employer groups, unions and other stakeholders.

Evidence review

Who would be affected

Employees in roles where remote work is feasible would be the primary beneficiaries. This includes workers in professional services, public administration, finance, insurance, information technology, and some education roles. Workers in industries requiring physical presence — retail, hospitality, construction, healthcare, manufacturing — would be largely unaffected as their roles cannot be performed remotely.

Employers would need to establish or formalise processes for receiving, considering and responding to work-from-home requests. They would need to document reasons for any refusals and be prepared for potential Fair Work Commission disputes. Small businesses may face particular challenges if they lack existing HR infrastructure.

The bill applies to employees covered by the Fair Work Act (the national system). State public sector workers in Western Australia and some other categories of workers not covered by the national system would not be affected.

Evidence review

Implementation questions

The bill text raises several practical questions that would need to be resolved through regulation, Fair Work Commission decisions, or amendment. How is 'work from home' defined — does it include working from a co-working space or a family member's home? How does the two-day limit interact with part-time employees who work fewer than five days per week? What if an employee's role or circumstances change after a request is approved? What remedies would the Fair Work Commission be able to order if an employer unreasonably refuses a request?

These implementation details are critical to the bill's practical effect but may not all be addressed in the bill text itself.

Evidence review

Status and parliamentary process

The bill was introduced in the Senate on 5 November 2025 by Greens Senator Barbara Pocock. As of July 2026, the bill remains before the Senate. The second reading was moved on introduction but the debate has not concluded. No vote has been held on the bill's second reading.

The bill is a private senator's bill and does not represent government policy. The Albanese government introduced its own workplace relations reforms through the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 and the Fair Work Legislation Amendment (Closing Loopholes) Acts of 2023 and 2024, which addressed flexible work arrangements but did not create a standalone right to work from home. The government has not stated whether it supports or opposes Senator Pocock's bill.

For the bill to become law, it would need to pass the Senate and the House of Representatives and receive royal assent. The government controls the legislative program in both houses and determines which bills proceed to a vote. The Fair Work Act 2009, which the bill would amend, already provides employees with a right to request flexible working arrangements under section 65, though the bill's proponents argue this existing right is insufficient because employers can refuse on "reasonable business grounds."

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