Why Employers Must Have the Final Say on Work-From-Home Decisions

Employers remain legally responsible for workplace safety and performance, so they need enough authority to decide when remote work is appropriate, argues Deborah Coram, founder of Safetrac.

The Legal Reality of Remote Work

Australia's workplace health and safety laws leave little room for ambiguity. Employers are responsible for providing safe systems of work, identifying and managing psychosocial hazards, consulting with workers, and demonstrating that controls are effective. These obligations have become more demanding as the workplace has shifted from a single physical location to hundreds of homes, co-working spaces, and cafes.

Three Key Risks Employers Must Manage

1. Work Design: Decisions about where people work, how often teams meet, and how collaboration occurs are critical for managing psychosocial risk. A software team may thrive remotely, but a newly formed project team may need more in-person time.
2. Management Support: Effective supervision is essential for recognizing excessive workloads, isolation, and declining well-being. Employers need flexibility to determine when face-to-face interaction is necessary.
3. Consultation: Meaningful consultation requires continuous dialogue, not annual surveys. Distributed workforces need deliberate systems and investment to meet legal standards.

Unintended Consequences of Mandating Remote Work

Creating a new workplace without a clear legislative framework leaves employers in a grey area. State-specific work-from-home rights create complexity for national employers and risk making Victoria less attractive for investment. Governments should provide clearer guidance on how employers can discharge their obligations when the workplace is someone's home.

Rights and Responsibilities Must Evolve Together

Flexible work is a significant improvement, but rights and responsibilities need to evolve together. Those who carry legal responsibility should retain sufficient discretion to discharge it.