Can My Employer Force Me Back to the Office? WFH Rights Australia 2026

Generally, yes — if your employment contract or workplace policy specifies an office-based location, your employer can direct you to return. However, the answer becomes more nuanced if: you have been working from home for an extended period and your contract has effectively been varied by conduct, you've a formal flexible working arrangement in place, or you're eligible to make a flexible work request under the Fair Work Act. Since 6 June 2023, the rules around flexible work requests were significantly strengthened.

Employers can only refuse on 'reasonable business grounds' and must genuinely try to reach agreement on alternative arrangements. If you've been WFH for 2+ years with your employer's agreement, there may be an argument that your work location has been impliedly varied — though this is legally uncertain and case-specific.

Under section 65 of the Fair Work Act, you can request a change to your working arrangements (including working from home) if you've completed at least 12 months of continuous service and you're: a parent or carer of a child who is school age or younger, a carer under the Carer Recognition Act 2010, a person with a disability, aged 55 or older, experiencing family or domestic violence, or supporting a household member experiencing family or domestic violence. Casual employees can also make a request if they've been employed on a regular and systematic basis for at least 12 months and have a reasonable expectation of ongoing employment. Your request must be in writing and explain the change sought and the reasons for it.

Since June 2023, if your employer refuses your flexible work request, they must: respond in writing within 21 days, discuss the request with you and genuinely try to reach agreement on alternative arrangements, and only refuse on reasonable business grounds. If you aren't satisfied with the refusal, you can apply to the Fair Work Commission to deal with the dispute. The FWC can make orders including requiring the employer to grant the request.

This is a significant change from the previous rules where employers could simply refuse with minimal explanation. Reasonable business grounds for refusal include: excessive cost, inability to reorganise work among other employees, impracticality based on the nature of the role, and significant loss in efficiency or productivity.

If your employer announces a return-to-office mandate: first, check your employment contract for your stated work location. If it says 'office' or a specific address, the employer has stronger grounds. If it is silent or says 'as directed,' review any written WFH agreements or policies.

Second, consider whether you are eligible to make a formal flexible work request (see criteria above). Third, if eligible, submit a written request explaining your reasons and proposed arrangement.

The short answer? Fourth, if refused, ask for written reasons and consider applying to the Fair Work Commission. Fifth, don't simply refuse to return — failing to follow a lawful and reasonable direction could be grounds for disciplinary action or dismissal. Instead, follow the formal process while continuing to comply with your employer's directions.