Remote and hybrid work are now part of everyday business in Australia. Many employers have adapted in practice. However, many have not updated the legal framework around it.
That gap creates risk.
If your business has shifted to remote or hybrid work, your contracts, policies, and management practices should match the way work now happens. Otherwise, issues can arise quickly.
Here are five areas employers should review.
1. Right to Disconnect Laws and After-Hours Contact
Under section 333M of the Fair Work Act 2009 (Cth), employees have a right to refuse contact outside working hours if that refusal is reasonable.
Employers can no longer rely on unspoken expectations. Instead, if a role requires after-hours availability, that requirement should appear clearly in the employment contract, position description, and relevant policy.
This issue matters even more in remote and hybrid settings. In those environments, the line between work time and personal time can blur. As a result, after-hours contact can become a source of conflict.
Therefore, employers should set clear rules about when contact is expected, who should be contacted, and what counts as urgent.
2. Work Health and Safety Obligations for Remote Workers
A home office is still a workplace.
That means employers still owe work health and safety duties when employees work from home. In practical terms, employers should identify risks and take reasonable steps to manage them.
For example, the risks may relate to workstation setup, fatigue, mental health, supervision, communication, equipment, or incident reporting.
If remote work happens informally, those risks are harder to manage. By contrast, a documented arrangement gives the business a clearer structure. It also helps managers respond consistently.
Remote work should sit within a clear WHS framework, not a casual arrangement.
3. Flexible Working Arrangement Requests
Remote work often arises through flexible working arrangement requests. This is an area where employers need discipline and process.
Under section 65 of the Fair Work Act 2009 (Cth), eligible employees may request changes to their working arrangements, including where they work. Pursuant to section 65A, employers must respond in writing within 21 days. In addition, a refusal must rest on reasonable business grounds and follow the required process.
That process is important. A verbal conversation alone is not enough. Rather, employers should assess the role, consider the operational impact, explore alternatives, and record the reasons for the outcome.
In this area, good documentation matters. It shows that the request received proper consideration. It also places the business in a much stronger position if the decision is challenged later.
4. Employment Contracts, Awards and Policies Must Align
Whilst businesses may have changed the way work is performed, employment documents may have remained the same. As a result, the legal framework no longer matches the practical reality.
That mismatch can affect hours of work, availability, supervision, equipment, allowances, and place of work. It can also create confusion for managers and employees.
Employers should review the full framework. That includes employment contracts, workplace policies, modern awards, and enterprise agreements where relevant.
Remote work should not sit outside the employment relationship. Instead, it should form part of a clear and consistent employment framework.
5. Privacy, Monitoring and Technology Use in Remote Work
Remote work usually brings more reliance on devices, communication platforms, cloud systems, and monitoring tools.
Because of that, privacy and technology settings need close attention. Employers should be clear about how systems are used, what monitoring occurs, how data is stored, and what employees must do to protect confidential information.
This is not just an IT issue. It is also an employment law issue.
Clear policies are essential. They set expectations early. They also reduce the chance of later disputes about surveillance, privacy, misuse of systems, or poor handling of company information.
Key Takeaway for Employers
Remote and hybrid work are now built into Australian working life. Accordingly, employers need employment frameworks that reflect that reality.
A sound framework should cover:
- right to disconnect and after-hours contact
- work health and safety for home-based work
- flexible working arrangement requests
- alignment across contracts, policies, awards, and enterprise agreements
- privacy, monitoring, and technology use
If your documents and practices have not been reviewed since the move to hybrid work, now is the time.
Maguire Legal advises employers on practical, compliant workplace frameworks that keep pace with the way work is now performed. Contact us to review your contracts, policies and remote work settings before risk becomes dispute.