7th April, 2026
The Shift Towards Remote Work
Working from home is now a standard feature across many roles in New South Wales. Rising fuel prices have also driven demand for flexible arrangements. As commuting costs increase, remote work offers both convenience and financial relief. However, uncertainty can still surround how these arrangements should be documented.
Do Working from Home Clauses Need to Be in Your Contract?
A working from home arrangement does not have to be included in your contract before you start a role. Many employers introduce flexibility through workplace or flexible work policies after hiring. However, including clear terms in the contract prevents misunderstandings later. A well-drafted agreement sets expectations from day one.
It is best practice to include working from home terms in the contract in certain situations. For example, this applies if the role is fully remote, if location affects pay, tax, or equipment obligations, or if attendance requirements are critical. This ensures both employer and employee clearly understand their responsibilities from the start.
Who Is Responsible for the Home Office Setup?
Responsibility for a home office setup can vary depending on the employer and role. Employers usually provide essential equipment such as laptops, monitors, or software access. Some may also offer allowances for ergonomic chairs, desks, or internet costs.
Employees, in turn, should ensure their setup supports safe and effective work. This includes maintaining reliable internet, keeping devices secure, and following any provided health and safety guidance. Open communication about any technical or safety issues ensures smooth workflow and prevents disruptions.
Flexible Work Requests Under Australian Law
Under section 65 of the Fair Work Act 2009 (Cth), eligible employees can request flexible working arrangements. This includes parents, carers, individuals with disabilities, employees aged 55 or over, and those experiencing family or domestic violence.Employers must respond to a request within 21 days, either agreeing to it or providing reasonable business grounds for refusal. For a practical guide on how this works, see the Fair Work Ombudsman’s flexible working arrangements page.
Responsibilities When Working from Home
Both employers and employees have important responsibilities to make remote work effective.
Employers must ensure a safe working environment, even outside the office. They should provide guidance on equipment, maintain clear policies, and communicate regularly to support wellbeing and monitor workload.
Employees must follow workplace policies, maintain a safe and functional workspace, and remain productive during agreed hours. They should also communicate promptly about any issues and protect confidential information.
How We Can Help
In conclusion, working from home arrangements do not need to be in your initial contract, but clarity around responsibilities, including equipment and setup, is essential.
Castrikum Adams Legal assists with reviewing and updating employment contracts in the surrounding suburbs of Byron Bay, including Lismore, Ballina, Bangalow, Lennox Head and Murwillumbah.
We help both employers and employees navigate flexible work arrangements with confidence. If you need tailored advice, our experienced team is ready to help.
If you found this blog helpful, please read our other blogs.
The content of this Blog does not constitute legal advice, is not intended to be a substitute for legal advice and should not be relied upon as such. You should seek legal advice or other professional advice in relation to any specific matters you or your organisation may have.