As Australian businesses shift back towards a hybrid or in-office working model, many employees are being asked (or directed) to return to the onsite workplace. But are these return to office directives enforceable in Australia?
The answer isn’t always black and white. Whether such a directive is lawful and reasonable depends on several key factors, including your employment contract, your role, the employer’s authority to dictate your work location, and broader workplace laws.
This article, written by our employment law legal advice team, breaks down the enforceability of return-to-office orders in Australia, with a focus on practical and legal considerations for both employers and employees.
Key Takeaways
Return to office (RTO) directives can be lawful and reasonable if supported by the employment contract.
The enforceability often hinges on whether the employer has contractual authority to determine work location.
Employers must consider individual circumstances and ensure their direction is not discriminatory or unreasonable.
Employees may challenge RTO directives if they conflict with contractual terms, established practices, or reasonable accommodations.
Consultation and communication remain crucial in avoiding disputes over returning to the office.
Are Return to Office Directives Legally Binding in Australia?
Let’s take a look at some key factors to consider:
1. It Starts with the Contract
Whether your employer can require you to return to the office often comes down to what’s written in your employment agreement.
If your contract states your place of work is “the office” or names a specific location, then the employer likely has the contractual authority to require you to work there.
On the other hand, if the contract allows for remote work or lists a flexible location, the employer may face difficulties enforcing a full-time return without first renegotiating the agreement.
2. Is it a Lawful and Reasonable Direction?
Employers in Australia can issue lawful and reasonable directions as part of their managerial prerogative. For a return-to-office order to meet this standard, it must:
Align with the employment contract;
Serve a legitimate business purpose (e.g. collaboration, client needs); and
Not be discriminatory or create undue hardship for the employee.
If a direction fails on these points, an employee may be justified in refusing to comply.
3. Location Flexibility and Implied Terms
COVID-19 normalised remote and hybrid work. In some cases, ongoing remote work arrangements may have become an implied term of the job, especially if they continued without formal objection for a significant period.
If an employer tries to change this established practice unilaterally, it could be seen as unreasonable, or even a breach of contract, depending on the circumstances.
If your team has shifted to a hybrid model, it’s important to review whether your employment contracts reflect hybrid working changes.
4. Modern Awards and Enterprise Agreements
Where modern awards or enterprise bargaining agreements (EBAs) apply, additional obligations around consultation may exist. For example, a major change in work location could trigger a duty to consult under the Fair Work Act 2009 (Cth).
Employers that fail to consult may expose themselves to legal risk, even if the return to office would otherwise be lawful.
5. Workplace Health and Safety Obligations
Employers must also consider WHS laws when issuing a return-to-office directive. If returning to the office presents genuine risks (e.g. for immunocompromised employees), the employer must assess these risks and make reasonable adjustments where appropriate.
6. Discrimination and Reasonable Adjustments
Return to office mandates must comply with anti-discrimination laws. Employees with disabilities, caring responsibilities, or health conditions may be entitled to reasonable adjustments, including continued remote work.
Need help understanding discrimination or employee rights around remote work? At Prosper Law, we specialise in employment law and support both employers and employees navigating workplace changes. As a fully remote legal team, we understand the value of flexible work.
Case Scenario: Navigating a Return to Office Dispute
While formal case law remains limited in the wake of post-COVID workplace shifts, practical scenarios are already surfacing (especially around employer authority, implied terms, and what constitutes a reasonable direction).
Scenario: Sarah vs. Her Employer
Sarah, a marketing manager in Melbourne, has worked remotely since early 2020. Her contract doesn’t specify a work location, and her employer never formally changed the arrangement.
In 2025, staff were directed to return to the office three days per week to improve collaboration. Sarah refused, arguing:
Her contract doesn’t mandate office attendance;
Remote work has become an implied term;
She has caregiving duties and no adjustments were offered.
Her employer warned of disciplinary action.
Legal Analysis
This scenario reflects the current uncertainty around return to office directives in Australia. There’s still very limited case law post-COVID. However, existing decisions emphasise the importance of lawful and reasonable directions.
Courts would likely examine:
Whether the contract allows location flexibility;
The history of remote work and employer conduct;
Whether the directive is lawful and reasonable;
If anti-discrimination or Fair Work Act obligations apply.
If you’re involved in (or anticipating) a return-to-office conflict, get clear, early advice. Contact us today to protect your legal position or ensure compliance with the law.
Best Practice Checklist for Employers: Implementing RTO
Keep your RTO directives clear, lawful, and fair with this quick-reference guide:
1. Check Employment Contracts
- Is the work location specified?
- Has remote work become an implied term?
- Do contracts need updating for hybrid arrangements?
- Update hybrid work contracts
2. Ensure it’s Lawful & Reasonable
Does the RTO serve a legitimate business need?
Is the direction proportionate and fair?
Could the policy have a discriminatory impact?
3. Consult and Communicate
Have you spoken with affected employees?
Are you meeting consultation obligations under awards or agreements?
Have you clearly explained the reasons for the change?
4. Manage WHS & Flexibility
- Consider health, care duties, and reasonable adjustments.
- Offer hybrid or remote options where appropriate.
5. Get Legal Advice First
- Have your contracts and policies been reviewed for compliance?
- Are you confident your approach aligns with workplace laws?
Frequently Asked Questions (FAQs)
Can I refuse to return to the office in Australia?
You may be able to refuse if the directive conflicts with your contract, is unreasonable, or poses a health or safety risk. Legal advice is recommended.
Does my employer have the right to tell me where to work?
Generally, yes – if the employment contract gives them that right and the direction is lawful and reasonable.
Custom legal drafting by qualified lawyers helps protect your business far better than using automated contract templates.
What if I’ve been working remotely for over a year?
Long-term remote work may influence expectations or even create implied terms. Your employer may need to formally consult you before changing this.
Is hybrid work now a legal right?
No. While many employers support it, there’s no legal right to hybrid or remote work under Australian law, unless it’s required as a reasonable adjustment or part of your agreement.
Stay compliant with the latest workplace law reforms. Here’s what employers need to know about the July 2025 Fair Work updates.
Can I be fired for refusing to return to the office?
Potentially, but only if the direction is lawful, reasonable, and aligns with your contract. Unjustified refusal may be grounds for disciplinary action, but it depends on the circumstances.
Whether you’re an employer drafting return-to-office policies or an employee facing a change in work location, Prosper Law is here to help.
We’re a remote working legal practice, and we recognise the importance of flexibility in the modern workplace. If you’re unsure whether a return-to-office directive is lawful, or you want to protect your right to continue working remotely, speak to an experienced employment lawyer today.
