Flexible working – a valuable asset for employers and employees.
For many candidates, the ability to work from home or access hybrid working arrangements is no longer simply a “nice to have”- it’s an important factor when deciding whether to accept a role or remain with an employer. As a result, organisations continue to use workplace flexibility as part of their employee value proposition to attract and retain quality talent.
However, a recent Fair Work Commission decision serves as a timely reminder that flexibility is not an automatic entitlement.
The recent Fair Work decision
In Laura Kliffen v Reapit Employment Services Pty Ltd [2026] FWC 1766, the Fair Work Commission considered a dispute involving a long-term employee who had worked remotely for many years before being directed to return to the Sydney office.
The Commission ultimately ordered a compromise arrangement, allowing the employee to continue working predominantly from home while attending the office one day each fortnight.
Importantly, the decision was based on the employee’s individual circumstances, including her caring responsibilities, the history of her remote working arrangement, and the specific facts of the case. It does not establish a blanket right for all employees to work from home.
What does this mean for employers?
We see this reinforcing an important message – flexible work remains one of the strongest attraction and retention tools available to employers. Candidates continue to value employers who offer flexibility, trust and work-life balance.
Being transparent during recruitment about how flexibility operates within your organisation helps create realistic expectations and stronger long-term employment relationships.
Recruitment conversations are changing
We’re seeing more candidates ask questions such as:
- Is the role fully remote, hybrid or office based?
- How often are employees expected to attend the office?
- Are flexible hours available?
- How does the organisation support employees with caring responsibilities?
These conversations are now a normal part of recruitment.
Employers who can clearly explain their approach to workplace flexibility often have a competitive advantage when attracting quality candidates.
The opportunity for employers
Employers may make a bigger focus on flexibility depending on operational requirements and individual circumstances on communicating it more clearly.
For example, recruitment advertising and interview discussions can explain:
- how hybrid working will operate
- if the role is suitable for remote working
- if office attendance is expected
Clear communication helps candidates understand what to expect.
Our focus is to help employers attract and retaining talent. This recent Fair Work decision doesn’t diminish the value of flexible work – it does highlight the importance of having clear policies and ensuring that expectations and understanding around workplace flexibility should be managed thoughtfully but carefully.
Useful resources
- Fair Work Ombudsman – Flexible working arrangements
- Fair Work Commission – Flexible work disputes
- Fair Work Act 2009 – Section 65