Right to Work From Home Australia 2026: Can Your Employer Refuse?
Do you have the right to work from home in Australia? Learn who can request flexible work, how to apply, when employers can refuse, and what the new 2026 proposals mean for you.
Do you have a legal right to work from home in Australia?
Australia does not have an absolute right to work from home. However, the Fair Work Act 2009 gives certain employees a legal right to request flexible working arrangements — which can include working from home — under section 65. Since the Secure Jobs, Better Pay amendments that took effect on 6 June 2023, the rules were significantly strengthened. Previously, employers could simply refuse a request on "reasonable business grounds" with no avenue for review. Now, employers must genuinely try to reach an agreement with the employee, discuss the request within 21 days, and can only refuse after exploring alternative arrangements. Critically, employees can now appeal an employer's refusal to the Fair Work Commission, which can make binding orders. This does not guarantee approval, but it means employers can no longer issue blanket refusals without a proper process. For employees not covered by section 65, working from home remains a matter of negotiation and company policy.
Who can request flexible working arrangements under section 65?
Under section 65 of the Fair Work Act, you can request a change to your working arrangements (including working from home) if you have completed at least 12 months of continuous service with your current employer (or are a long-term casual with a reasonable expectation of continuing employment) and you fall into one of these categories: you are a parent or have responsibility for the care of a child who is school age or younger; you are a carer as defined under the Carer Recognition Act 2010; you have a disability; you are 55 or older; you are experiencing family or domestic violence, or you are providing care or support to a member of your household or immediate family who requires care or support because of family or domestic violence. Since 1 August 2023, pregnant employees also have the right to request flexible work from the date they inform their employer of the pregnancy, with no 12-month service requirement.
How to request flexible work (the correct process)
To make a formal request under section 65, you must put it in writing to your employer. Your request should include details of the change you are seeking (for example, working from home three days per week), the reasons for the request (referencing the qualifying circumstance such as caring responsibilities), and your proposed start date. There is no official form — an email is sufficient. Your employer must respond in writing within 21 days. Before refusing, they must discuss the request with you and genuinely try to reach an agreed outcome, including considering alternative arrangements if your specific request cannot be accommodated. If your employer refuses, their response must include the reasons for refusal on reasonable business grounds, details of any alternative arrangements discussed, and information about your right to refer the matter to the Fair Work Commission. Keep copies of all correspondence. A well-structured request that addresses potential business concerns proactively has a much higher chance of success.
Reasonable business grounds for refusal
An employer can refuse a flexible work request on "reasonable business grounds." The Fair Work Act lists the following as examples: the requested arrangement would be too costly, there is no capacity to change other employees' working arrangements to accommodate the request, it would be impractical to change other employees' arrangements, the request would result in a significant loss of efficiency or productivity, or it would have a significant negative impact on customer service. However, since the 2023 amendments, employers cannot simply cite these grounds in general terms. They must demonstrate they have genuinely considered the request, discussed it with the employee, explored alternatives, and reached a specific conclusion about why the arrangement is not feasible. The Fair Work Commission has increasingly scrutinised refusals, particularly where the employee's role is demonstrably capable of being performed remotely. Blanket "return to office" mandates that do not consider individual circumstances may not meet the threshold of reasonable business grounds.
New proposals and legislative developments in 2026
The right to work from home remains an active area of policy reform in 2026. Following the Right to Disconnect legislation that took effect for large businesses on 26 August 2024 (and small businesses from 26 August 2025), there has been ongoing discussion about further strengthening flexible work rights. The Australian Council of Trade Unions has called for the removal of the qualifying circumstances requirement, arguing all employees should be able to request flexible work regardless of their personal situation. Several European countries, notably the Netherlands and Ireland, have adopted broader "right to request remote work" laws that are not limited to carers and parents. In Australia, the Senate Select Committee on Work and Care recommended considering a universal right to request flexible work. Any changes would require legislative amendment. In the meantime, many modern awards and enterprise agreements now include additional flexible work provisions beyond the NES minimum, so check your specific award or agreement for enhanced entitlements.
Tax deductions for working from home in 2025-26
If you do work from home, you can claim tax deductions for the additional expenses you incur. For the 2025-26 financial year, the ATO offers a revised fixed-rate method at 67 cents per hour worked from home. This rate covers electricity, gas, phone, internet, stationery, and computer consumables. You must keep a record of the actual hours you work from home — a timesheet, roster, diary, or time-tracking app is acceptable. You can claim the 67-cent rate without separate receipts for each expense category, but you must keep records of hours worked. Separately, you can claim the work-related portion of depreciating assets like desks, chairs, monitors, and laptops — these are not covered by the 67-cent rate. If your employer provides a dedicated home office allowance, this must be declared as income. For someone working from home three days per week (approximately 1,140 hours per year), the fixed-rate claim is worth around $764. Use our Take-Home Pay Calculator to see how deductions affect your after-tax income.
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Official resources
General information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.
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