Simple employment contract fix to stop your boss from forcing you to work from the office

Employees will soon have the upper hand in the work-from-home debate, thanks to a contract hack giving workers more flexibility.

A workforce trend growing in popularity could see eligible employees render their bosses powerless in their ability to force staff to work from the office.

Currently, employers have the right to make their workers fulfil their roles from a destination of their choosing whether that be the office or a different location.

This is largely due to a location clause included in many employment contacts that lists the primary environment an employee is expected to work from.

Employees won’t have to go into the office as often thanks to this simple hack. Picture: NCA NewsWire / David Crosling

However, as hybrid workplace models become the new normal, a growing number of employees are using a simple hack to ensure their bosses can’t force them to work in the office full-time.

“We’ve seen some employees, particularly during the pandemic, negotiate a very specific work-from-home clause within their contract,” Trent Hancock, Principal at Jewell Hancock Employment Lawyers, told 3AW.

These clauses may include a statement giving employees a choice of when they want to work from home and how many hours they would like to attend the office each week.

Speaking to radio host Neil Mitchell, Mr Hancock said his firm has noticed an increasing number of employees opting for this contract amendment since the pandemic as pressure to return to the office grows.

“At the moment, an employer can refuse that request (to work from home) and can do so without any real challenge,” he said.

However, the employment lawyer doesn’t believe this will be the case for much longer.

In addition to workers negotiating changes to their contracts, amendments to the Fair Work Act coming into effect on June 6 will make it more difficult for an employer to refuse a flexible working arrangement request.

The changes will require employers to discuss the request with the employee, “make a genuine effort” to accommodate for their needs, and provide a written response outlining the arrangements made.

Employees will have more freedom in deciding where they want to work. Picture: iStock

One of the amendments also states the employer must confirm the agreed changes within 21 days of the employee’s request.

If an employer refuses an employee‘s request or fails to respond within the three-week period, the Fair Work Commission will be able to hear and make orders about the dispute which could result in a court proceeding.

“We also do have some statutory rights for employees including the right to request flexible working arrangements due to certain circumstances, and that can include a request to work from home,” Mr Hancock added.

Legalities aside, the lawyer said employers are falling short on choice when it comes to denying requests for flexible work as the unemployment rate declines.

Currently, the country’ unemployment rate sits at 3.5 per cent and with more jobs on offer than people able to fill them, Mr Hancock said welcoming these requests will help employers attract and retain staff.

“The reality is, there are many other employers out there that will make those accommodations allowing employees to work from home and they’re the ones that are going to attract talented, good employees,” he said.

The heightened demand to work from home comes as no surprise following the Property Council of Australia’s latest office occupancy data release.

Melbourne’s office occupancy rate for February was 47 per cent. Picture: NCA NewsWire / David Crosling

Melburnians appear to be the number one fans of the trend with just 47 per cent of workers returning to the office last month.

While this figure almost doubles January’s number, it’s still a far cry from occupancy rates in other states.

Employees in Perth seem to enjoy the office the most with 81 per cent of CBD offices occupied last month, followed by Adelaide at 80 per cent and Brisbane at 74 per cent.

Meanwhile Sydney’s offices are experiencing their highest occupancy rates in five months, with 61 per cent of offices used last month.

Occupancy rates aside, Mr Hancock believes the desire to “work from home and the right to work from home will be the future” — opening new opportunities for Australians to reinvent their cities.