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Remote work is no longer just a temporary response to a crisis – it’s becoming a permanent part of how many Australian businesses operate. If you’re running a business or managing employees, embracing flexible, remote working arrangements can help you tap into a broader talent pool, boost morale, and enhance productivity.
But, like many exciting business opportunities, remote work comes with legal requirements and risks. Having a clear, well-thought-out remote working policy for Australia is essential – not just for staying compliant, but for protecting your people and your business. If you’re wondering what’s actually required under Australian law and how you can set up a working from home policy that’s both practical and compliant, you’re in the right place.
In this guide, we’ll break down what makes a great remote working policy in Australia, outline your legal obligations, walk you through the key elements to include, and share some pro tips on getting it right for your team and company culture. Whether you’re looking for a working from home policy template for Australia, or want practical, tailored advice, this guide will help you create a document that ticks all the boxes.
What Is a Remote Working Policy?
A remote working policy is a set of rules, guidelines, and best practices that clearly spell out how your business manages remote and hybrid work arrangements. It covers what employees need to do if they want to work from home, how performance will be monitored, what health and safety requirements apply, and much more.
In many ways, your remote working policy is the bridge between flexible arrangements and your business’s legal responsibilities. It’s there to protect your team, your organisation, and to make sure expectations are clear for everyone – so you avoid confusion, disputes, and legal risks down the track.
Why Do You Need a Remote Working Policy in Australia?
You might wonder, “Can’t we just handle remote work informally?” It’s tempting to take a casual approach, but under Australian law, businesses have serious legal obligations even when employees are working from home or remotely.
Having a written policy helps in several crucial ways:
- Demonstrates Compliance: Shows that you’re meeting your obligations under the Fair Work Act, Work Health and Safety laws, anti-discrimination laws, and more.
- Manages Risk: Protects your company from claims related to workplace injuries, cyber security breaches, or unfair/unreasonable expectations.
- Clarifies Expectations: Sets standards for performance, communication, use of company equipment, and reporting, keeping everyone on the same page.
- Supports Productivity: A well-structured policy makes it easier for staff and managers to work together effectively, even from different locations.
- Fosters Positive Culture: Shows you care about employee wellbeing and are proactive in supporting flexible arrangements.
In short, a remote working policy isn’t just “nice to have” – in Australia’s legal climate, it’s a smart business move and a sign of professionalism.
Legal Requirements for Remote Working Policies in Australia
There’s no single law that says “you must have a remote working policy.” However, employers in Australia are required to meet a range of legal obligations, even when employees are working outside the main business premises. These include:
Fair Work Act and National Employment Standards (NES)
Under the Fair Work Act and the NES, eligible employees can request flexible working arrangements, including remote work. Employers must follow a reasonable process when assessing these requests and ensure that any refusal is grounded in legitimate business reasons.
Work Health and Safety (WHS) Laws
Australian WHS laws make it clear that your duty of care as an employer extends to remote or home offices. You’re responsible for making sure the employee’s remote work environment is safe and free from foreseeable risks. With proper policy and risk assessment, you can fulfil this duty even when your staff are spread out.
Privacy and Cyber Security Laws
Remote working might expose your business to new data protection risks. Australian law expects you to take reasonable steps to protect personal and company data, whether accessed from the office or home. Your policy should address secure systems, use of devices, and handling of confidential information.
Anti-Discrimination and Equal Employment Opportunity
A good policy ensures fair access to remote work opportunities, and makes adjustments for staff who need them (for example, staff with disabilities or carer responsibilities). This helps you comply with anti-discrimination law and maintain a positive workplace culture.
Employment Contracts and Awards
If your team is covered by an employment contract or a modern award, check for any clauses that relate to flexible or remote work. Your policy needs to fit with the terms of these contracts – and it’s wise to specify in your policy how it interacts with individual agreements.
What Should You Include in Your Remote Working Policy?
While every business is unique, a solid remote working policy in Australia will usually address the following areas:
- Eligibility: Who can request or be directed to work remotely? Are some roles excluded for safety or operational reasons?
- Application and Approval Process: How do employees apply? What information should they provide? Who approves requests, and what criteria do you use?
- Health and Safety Obligations: What are the minimum standards for a safe work environment at home? Do staff need to complete a checklist or risk assessment?
- Work Hours, Availability, and Breaks: Specify any core hours, expectations for checking in, and requirements for taking breaks.
- Performance and Deliverables: How will work be monitored and reviewed? What outcomes are expected?
- ICT and Cyber Security: Rules around use of company devices, secure logins, data protection, incident reporting, and handling confidential information.
- Wellbeing and Communication: Encourage regular check-ins, team meetings, access to support services, and channels for raising concerns.
- Expenses and Equipment: Spell out what, if anything, you’ll reimburse or provide (such as laptops, monitors, internet costs).
- Insurance and Liabilities: Clarify who is responsible for insurance (and cover the process if a work injury happens at home).
- Return to the Workplace: Describe the procedure for transitioning back to the office, either temporarily or permanently, and any notice requirements.
- Interaction With Other Policies: Cross-reference your staff handbook, anti-discrimination policy, privacy policy, and employment agreements as relevant.
Having these components ensures your policy is both lawful and practical – making remote working successful for your business and your people.
How To Create a Remote Working Policy: Step-By-Step Guide
Ready to craft your own remote working policy? Here’s how you can approach it step by step.
1. Assess Business and Employee Needs
Start by thinking about your business model: What roles can be performed remotely? Are there WHS or operational limits? Get input from staff and managers – what are their expectations and concerns?
2. Review Legal Requirements and Existing Documents
Cross-check current employment contracts, modern awards, and company policies. Identify clauses, obligations, or award provisions that could impact remote work. Take time to review Fair Work guidelines, WHS standards, and key privacy laws.
3. Draft Your Remote Working Policy
Use a working from home policy template (Australia) as a starting point, but tailor it to suit your business. Be clear and direct – spell out processes, obligations, and who to contact for help. The goal is no guesswork for you or your team.
4. Consult With Employees (If Needed)
If you’re making major changes, especially for larger or unionised teams, consultation is best practice. This shows respect, increases buy-in, and gives staff a chance to raise any hidden issues.
5. Finalise, Communicate, and Train
Share the final policy with your team, ideally both in writing and by walking through it in a meeting or training session. Make sure team leaders and managers know their responsibilities and can answer common questions.
6. Monitor, Update, and Enforce
Check in periodically to see how the policy is working – are there challenges, complaints, or safety issues? Amend your policy if requirements change or you find areas for improvement. Consistently apply and enforce the policy across your business.
Essential Legal Documents for Remote Work in Australia
Beyond your remote working policy, there are other key documents you may need to support your business’s legal compliance and minimise risk:
- Employment Contracts: Set out specific remote work clauses and expectations, including any obligations unique to flexible arrangements. Learn more about employment contracts here.
- Workplace Health & Safety Policy: Reinforces your WHS duties and sets out procedures for risk assessment, injury reporting, and emergency contacts.
- Privacy Policy: Required if you collect personal information. Explains how data will be used, stored, and protected, including new challenges raised by remote access. See our Privacy Policy guide for details.
- IT/Cyber Security Policy: Explains duties regarding password security, two-factor authentication, access to sensitive documents, and how to report breaches.
- Flexible Work Arrangements Policy: Broader than just remote work – covers all flexible practices, including flexible hours, locations, and return to the workplace.
Not every organisation will need every document listed here, but a strong foundation of tailored legal paperwork will help you operate with confidence. If you need help drafting, reviewing, or updating any of these, our employment law specialists can help you design the right documents for your business.
Remote Working Best Practices: Tips for Smooth Sailing
- Be Clear and Detailed: Policies work best when expectations leave no room for doubt.
- Prioritise Safety: Equip staff to identify risks and fix hazards at home or on the road.
- Keep Communication Frequent: Schedule regular team check-ins and encourage feedback loops.
- Support Wellbeing: Remote work can feel isolating. Foster connection and look out for signs of stress or burnout.
- Review Regularly: What works now might not work next year – policies should be living documents that evolve with your people and business needs.
If you ever feel unsure about your obligations or notice a grey area, it’s always a good idea to consult a legal expert early rather than waiting for a problem to arise.
Common Pitfalls to Avoid
Even seasoned employers can make mistakes when setting up their remote working policy. Here are some pitfalls to steer clear of:
- Underestimating WHS Duties: Failing to risk-assess remote workspaces can expose you to significant harm and liability.
- Inconsistent Application: Applying policies differently across staff or teams can lead to discrimination complaints or Fair Work disputes.
- Neglecting Data Security: Remote work brings new cyber risks. Ignoring these can lead to privacy breaches and lost customer trust.
- Poor Record-Keeping: Not documenting remote work approvals, checklists, or performance reviews may cause issues down the track.
- Lack of Training: Assuming employees already know how to work securely or safely at home without formal guidance.
What About Working From Home Policy Templates In Australia?
A quick web search will turn up lots of policy templates that claim to be “ready to use” for Australian businesses. Templates can be a useful starting point – and may even cover the basics. But, more often than not, templates leave out important state-specific requirements, industry nuances, or your business’s unique culture.
If you use a template, treat it as a foundation and make sure you customise it for your business, award coverage, and operational needs. Having a legal expert review your draft ensures you’re not overlooking anything crucial – especially as laws and standard practices around flexible work continue to evolve. You can read more about the practical side of using templates versus seeking tailored advice with our article on template vs lawyer-drafted agreements.
Key Takeaways
- Remote or flexible work is now a permanent part of the modern Australian workplace.
- Having a clear and legally compliant remote working policy protects your business, supports staff, and helps you meet your WHS, Fair Work, and privacy obligations.
- Your policy should set expectations around eligibility, WHS, performance, expenses, IT security, and communication – tailored to your industry and workplace.
- Relying solely on generic templates may leave you exposed; review and adapt your policy for your particular business circumstances and legal context.
- Key supporting documents include updated employment contracts, WHS and privacy policies, and IT/cyber security protocols – all designed to suit your operations.
- Consistent communication, record-keeping, and review of your policy are essential for long-term success.
- When in doubt, early legal advice can keep your business on the right side of the law and save costs in the long run.
If you’d like a consultation on setting up a remote working policy for your business, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no-obligations chat.
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