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Wednesday, October 7, 2026

Flexible working: The rights of employers and employees - Consultancy.com.au

Remote work has become the ‘new normal’ for many professions. However, many organisations are now facing the challenge of whether to return to physical workplaces or implement a more flexible approach. Employers and employees are wondering what the legalities are when it comes to enforcing working conditions.

Despite the currently unpredictable Covid-19 situation, the government has not provided any revised mandates for employers on how to approach flexible work arrangements. Meanwhile, two of Australia’s largest corporations, Telstra and Westpac, recently announced they are encouraging employees to work from home again.

“With no direction from the government, both employers and employees may be wondering about their legal rights when it comes to flexible work,” says Catherine Stephens, Associate Director of Employment Law at BlueRock.

To help companies with navigating their rights (and those of their employees), Stephens outlines what they should consider and how they can organise the process.

What is ‘flexible working’ and who is eligible?

Flexible working may include an employee choosing to work at their preferred location (e.g. at home), changing start or finish times and splitting shifts or job sharing.

While we have seen the rise of employers offering flexible working arrangements as part of employment terms and conditions, outside a contractual right, the right to request flexible work arrangements is limited by the Fair Work Act (FWA) 2009 (Cth) to a specific group...



Read Full Story: https://www.consultancy.com.au/news/5811/flexible-working-the-rights-of-emplo...