The immediate backdrop is a sustained political and policy debate about the place of working from home that intensified during and after the COVID-19 pandemic in 2020–2022, when mass remote working prompted employers, unions and governments to contest whether workplace norms required statutory protection or could be managed through existing industrial institutions.
Structurally, the current legal framework governing Australian employment disputes rests on the Fair Work Act 2009 (enacted July 2009) and the Fair Work Commission, established under that Act to handle individual and collective workplace disputes and to authorise flexible work arrangements through case-by-case processes.