As COVID-19 restrictions around the country were scrapped this year, many Australian employers told staff it was time to return to the office.

However, that was not the case with Neha Dahiya's workplace.

Instead, employees at the accountancy and financial services firm she works for have been told they can maintain their flexible working arrangements.

For Ms Dahiya, being able to work form home when she chooses means avoiding long daily commutes and saving money on before and after school care for her son. 

“I'm a single mum and my kid started prep this year, so it allows for me to spend that extra bit of time to go to school commitments," Ms Dahiya says. 

“I drop my kid off to school, because it's like a five-minute walk from here," Ms Dahiya says. 

If she needs to make up any time outside of her allowed meal breaks, she works at night.

Making a request to WFH is about to get easier

When the Australian Bureau of Statistics held its census in August last year, 40 per cent of employed people were regularly working from home.

That's up from 30 per cent before the pandemic. 

However, data from the Property Council of Australia has found more workers are returning to the office after COVID-19 lockdowns during 2020 and 2021 when people were used to working from home. 

Melbourne’s office occupancy rates jumped 12 per cent, to 57 per cent, in November, the highest level since the pandemic began.

Sydney occupancy jumped to 59 per cent, while Brisbane increased from 64 to 67 per cent.

Adelaide remained at 74 per cent. Canberra recorded the lowest occupancy level in the country, falling from 57 to 52 per cent.

Perth's occupancy was at 80 per cent. 

For employees keen for more flexible arrangements, laws passed in federal parliament in October — as part of the Secure Jobs, Better Pay bill — will make it easier to challenge a boss who refuses such a request.

Maddocks Lawyers employment partner Michael Nicolazzo says that — in a significant, post-pandemic shift — the bill will require that employers "genuinely try" to make changes to accommodate flexible working requests received from employees.

Workers experiencing domestic or family violence will also be entitled to ask for flexible work arrangements.

“Historically, there has been a long-standing right for some employees to request flexible work arrangements," Mr Nicolazzo says. 

"But, if an employer refused to agree, there were limited options for that employee to get that decision reviewed. 

“And, so, what the changes do is, they give the Fair Work Commission the ability to hear and arbitrate disputes about whether an employer's refusal was valid.

Will bosses who refuse WFH requests end up in costly legal battles? 

Employer groups are concerned the changes will increase disputes about flexible work arrangements. 

"This is something that really is better constructed between employers and employees at the workplace level,” Australian Chamber of Commerce and Industry (ACCI) chief executive Andrew McKellar says. 

Mr McKellar says that — while the push by employer groups to include in the bill channels for mediation and conciliation before arbitration was successful — he still has concerns.

“I think the legislation has gone too far," he says.

He's also concerned that allowing staff to work after set office hours could leave bosses open to underpayment claims.

“I think that there are real issues with awards and award complexity, and that leads to a whole lot of risks," Mr McKellar says.

“We've seen, in a number of instances, where very ethical businesses have encountered challenges with compliance.

“Really, the award simplification, making sure that there are a streamlined number of categories [such as] wage rates, should be addressed as a matter of priority.”

Mr Nicolazzo does not necessarily think there'll be a flood of flexible working arrangements disputes ending up at the Fair Work Commission.

"Probably the risk of the commission forming a view may mean that employers are more willing to reach an agreement with their employees," Mr Nicolazzo says.

Obviously, working from home will not work for all workplaces, but Mr Nicolazzo expects the bar for refusal to be much higher than before the pandemic.

“But, I think, the workplace has changed to what it was in 2009, when the flexible work arrangement provision was first introduced.”

'It's not particularly complicated'

Ms Dahiya is an external auditor at Crowe Australasia, which is part of financial services firm Findex.

Unlike many big employers, the company has not mandated office hours, although face-to-face meetings with clients and colleagues are still a requirement. 

“Our starting point is [that] we are comfortable with the employee making a choice as to where they do their, let's call it, 'desk work'," her boss, Crowe Australasia co-chief executive Matt Games, says.

“So, if you're going to sit at the desk for a few hours and bang out a tax return, type up a financial plan, or whatever it might be, you do that where you're most comfortable, which can be at home, in the office or maybe a cafe."

Mr Games says two Crowe employees in their 20s even took their work with them to Vietnam for two months.

"They kept working during the day and then did a little blog and documented their travels as they moved around Vietnam while still putting in a shift every day, which was quite amazing," Mr Games says.

Mr Games acknowledges that there is always a risk some employees could slack off, but he says the solution is putting good systems in place so everyone is accountable.

“It's not particularly complicated," he says.

"It's just making sure that each employee has a clear expectation of them on any particular day, so that when it comes to the end of the day, we can check in and you've either done your work or you haven't."

He says the company's flexible work arrangements have not resulted in any industrial relations issues.

"The standard is you work nine to five but, if you want flexibility, we can grant them that."

And while flexible working arrangements are often talked up as benefiting mothers, he says they're also good for fathers.

"If you've got something on with the kids on a Monday that you want to get in, like a swimming carnival, you can prioritise that and make it happen," Mr Games says.

"Then, say, you can bulk up a number of client appointments in the city on the Tuesday."

Ultimately, he says, not mandating set working hours in the office allows employees to take back control of their lives.

“I think you're going to see the companies that offer this type of 'optionality' streets ahead in terms of popularity.

The future is here 

Ms Dahiya's team is also piloting a compressed working week, in which staff work 8.4 hours a day so they can take every second Friday off.

“It gives me time to recharge because I can go for long walks or just relax at home or have a coffee date with one of my girlfriends and then just be there for my son," she says.

And she's got a message for the naysayers:

“We [at her workplace] are a living example that it definitely works.

"Productivity levels have not gone down at all.

"This the future, and the future is here."