Many leaders are tired of Teams meetings and long-distance collaboration. They want people back in the office—to rebuild culture, drive engagement, and get back some of that “in-the-room” energy. But before issuing a return-to-office (RTO) directive, it’s worth stopping to consider three things:

• The legal environment has changed.
• Office work isn’t inherently more productive.
• Your physical workspace may actually be pushing people away.

Let’s unpack each.

RTO mandates must be lawful and reasonable

Under Australian law, employers can direct employees to attend the workplace—but only if the direction is both lawful and reasonable. A directive may be reasonable if:

• The role requires physical presence (e.g. urgent on-site meetings, access to equipment, face-to-face supervision).
• There are documented performance concerns.
• There’s clear evidence remote work is reducing output or quality.

But it may be unreasonable if:

• The employee is meeting all performance expectations remotely.
• The role doesn’t require on-site interaction.
• The policy is applied blanket-style, with no consideration of personal circumstances.

Failing to meet this threshold could breach the Fair Work Act or the Disability Discrimination Act.

Flexibility isn’t a perk—it’s a legal right (for many)

From June 2023, the Fair Work Act tightened obligations around flexible work requests. Eligible employees—such as carers, people with disability, those over 55, or experiencing family violence—can request flexible arrangements, including remote work.

Employers must:

• Respond within 21 days.
• Genuinely consult.
• Refuse only on specific, reasonable business grounds—and with evidence.

Blanket refusals don’t hold up. In fact, recent case law shows the Fair Work Commission imposing hybrid arrangements where employers failed to properly justify a refusal.

Meanwhile, modern awards (like the Clerks Award) may soon include built-in work-from-home clauses—reducing employer discretion even further.

The office isn’t always a productivity boost

One of the biggest myths driving RTO mandates is that “being in the office equals better work”. But for many roles—especially those needing focus, writing, or thinking—offices can be productivity killers.

And let’s be honest: the design of many post-COVID workplaces hasn’t helped.

• Hot desking feels like arriving at work homeless. No sense of ownership. No place to land.
• Pretty but impractical office designs—what some employees described as “ants in a jam jar”—create noise, chaos, and distraction.
• Add commuting, parking, and rigid hours, and it’s no wonder employees are resisting.

So what should leaders do?

If you’re thinking about RTO policies—or updating them—here’s a practical checklist:

• ✅ Review legality: Check contracts, awards, and legislation.
• ✅ Apply the “lawful and reasonable” test: Case by case.
• ✅ Avoid one-size-fits-all rules: Flexibility is context-dependent.
• ✅ Document consultation and decisions: In case of challenge.
• ✅ Think critically about your workspace: Is it fit for purpose?
• ✅ Train your leaders: Especially on handling flexible work requests fairly.

The push to return to the office is understandable. But legal obligations, employee expectations, and workplace design need to be part of the conversation.

Getting this right isn’t about giving in—it’s about good leadership, sound compliance, and building a workplace people want to return to.