Remote Work Policy - Template, Sample Form to Fill out Pro · AU-law

REMOTE WORK POLICY

________ (ACN ________) of ________ ("Employer")

Effective Date: ________

(1) INTRODUCTION

This Remote Work Policy (the "Policy") sets out the rules, practices and procedures applicable to Employees who work remotely. It describes who may work remotely, when remote work may be permitted, the applicable guidelines and best practices, and the rights and responsibilities of Employees working remotely.

This Policy operates in conjunction with, and is subject to, each Employee's contract of employment, any applicable modern award or enterprise agreement made under the Fair Work Act 2009 (Cth), and applicable work health and safety legislation. This Policy is intended to serve as a guide and, except where expressly stated, does not form part of any contract of employment or create any contractual obligation on any party.

(2) SCOPE

This Policy applies to all employees of ________ who are approved to work remotely ("Employees").

(3) ELIGIBILITY AND APPROVAL

(a) Remote work is not an automatic entitlement and is approved at the discretion of the Employer, subject to operational requirements and the suitability of the Employee's role and work environment.

(b) To be considered for remote work, an Employee is required to do as follows:

________

(c) Nothing in this Policy limits an Employee's right to request flexible working arrangements under section 65 of the Fair Work Act 2009 (Cth) where the Employee is eligible to make such a request.

(4) DURATION

Employees may work remotely for the following period(s):

________

(5) BEING AVAILABLE FOR WORK

During work hours, Employees must make themselves available for work in the following manner:

________

(6) REPORTING

Employees must report to the Employer in the following manner:

________

(7) EMPLOYEE OBLIGATIONS

(a) When working remotely, Employees must:

(I) take responsibility for delivering their own workload as agreed with their supervisor or manager;

(II) during work hours, devote their full effort and attention to their work;

(III) adhere to their remote work schedule in relation to attendance, work hours, breaks and meetings;

(IV) notify a supervisor or manager if they are going to be out of contact at any time during their scheduled work hours;

(V) ensure that their work schedule overlaps with the work schedules of any coworkers as much as is necessary to collaborate effectively and perform their duties;

(VI) promptly report any workplace incidents, injuries or illnesses that occur while working remotely;

(VII) promptly report any potential hazards that may exist in the Employee's work environment;

(VIII) when changing or modifying their work environment, pay attention to any new potential hazards that may exist;

(IX) ensure that their remote work arrangements comply with all policies and procedures of the Employer;

(X) be willing, if there is a change in the Employer's requirements or in the Employee's personal circumstances, to review and modify their remote work arrangements;

(XI) actively participate in any process of review and improvement of remote work arrangements; and

(XII) take reasonable care for their own health and safety and that of others, in accordance with the Work Health and Safety Act 2011 (Cth) (or the corresponding work health and safety legislation in force in ________).

(b) Working remotely is not a substitute for child care, care for an elderly or disabled relative, or other dependent care. Employees are responsible for ensuring that appropriate care arrangements are in place while working remotely.

(8) WORK LOCATION

(a) All Employees are required to work in a suitable work space, whether at their place of residence or another location. To ensure productivity while working remotely, Employees should:

(I) choose a quiet and organised work environment that is free from distraction; and

(II) ensure that they have an adequate internet connection which meets the reasonable requirements of their role.

(b) Where an Employee does not have a suitable work space at their place of residence, it is the Employee's responsibility to arrange an appropriate alternative work space (such as a co-working space), subject to the Employer's prior approval.

(c) The approved remote work location is: ________. An Employee must not work from any location other than the approved location without the Employer's prior written consent.

(9) WORK HEALTH AND SAFETY ASSESSMENT AND INSPECTION

(a) The Employer's duty to ensure, so far as is reasonably practicable, the health and safety of workers under work health and safety legislation extends to Employees working remotely.

(b) The Employer may require a risk assessment to be undertaken in relation to the Employee's proposed work environment in order to manage, so far as is reasonably practicable, any risks to the health and safety of the Employee or any other person in connection with the Employee's work.

(c) The Employer may, on reasonable notice and at a mutually convenient time, inspect (including by means of a self-assessment checklist, photographs or video conference) the Employee's remote work environment to ensure that it is suitable and safe for working. The Employee must provide reasonable cooperation in any such assessment or inspection.

(d) To the maximum extent permitted by law, the Employer is not liable for any hazard, loss, damage or injury that arises from the condition of, or an act or omission of any person within, the Employee's remote work environment that is outside the Employer's reasonable control. Nothing in this clause limits the Employee's entitlements under applicable workers' compensation legislation.

(10) WORK TOOLS AND EQUIPMENT

(a) The Employer may provide the necessary work tools and equipment required for the role upon request ("Equipment"), or may reimburse the Employee for the reasonable costs of acquiring the Equipment.

(b) The Equipment remains the property of the Employer and must be kept in good condition.

(c) Equipment must be used for work-related assignments and projects, and not for personal use.

(d) If the Employee's Equipment is lost, stolen, broken, damaged, worn out, obsolete or otherwise in need of an upgrade ("Equipment Issues"), it is the Employee's responsibility to ensure that such Equipment Issues do not unreasonably interfere with the Employee's work. The Employee must notify the Employer as soon as reasonably practicable if any Equipment Issues are interfering with the Employee's work.

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(11) DATA SECURITY, PRIVACY AND CONFIDENTIALITY

(a) Employees must take all reasonable steps to protect the security and confidentiality of any data, information, documents and records which they access, use or store while working remotely, and must comply with all applicable data security and confidentiality policies, procedures and directions of the Employer.

(b) Employees must handle all personal information in accordance with the Privacy Act 1988 (Cth) and the Australian Privacy Principles, and must ensure that any confidential or sensitive information is kept secure and is not disclosed to, or accessed by, any unauthorised person, including by ensuring that devices, documents and information are stored securely and password protected where appropriate.

(c) Employees must promptly notify the Employer of any actual or suspected breach of data security, privacy or confidentiality, or any loss or theft of any device or information, as soon as reasonably practicable, to enable the Employer to comply with its obligations (including the Notifiable Data Breaches scheme under the Privacy Act 1988 (Cth)).

(d) All intellectual property and confidential information remains the property of the Employer and these obligations survive the termination of the Employee's employment.

(12) COMPENSATION AND BENEFITS

(a) Remote Employees are entitled to remuneration, leave and other employment benefits in accordance with their contract of employment and any applicable modern award, enterprise agreement and the National Employment Standards under the Fair Work Act 2009 (Cth).

(b) In addition, remote Employees are entitled to the following benefits:

________

(c) Apart from the compensation and benefits specifically identified in this clause, or as otherwise identified in an Employee's contract of employment, Employees are not entitled to any other compensation or benefits.

(13) CONFERENCES AND TRAINING

Employees may attend training, conferences and other meetings that are made available to them. The Employer will notify Employees of any relevant training or conference.

(14) WORK HEALTH AND SAFETY

(a) All Employees are responsible for taking reasonable care of their own health and safety, for taking reasonable care that their acts or omissions do not adversely affect the health and safety of others, and for promoting workplace safety, whether or not they are working remotely.

(b) Employees must comply with all applicable work health and safety laws and relevant policies, procedures and directions ("WHS Rules").

(c) It is each Employee's responsibility to ensure that they fully understand any applicable WHS Rules. If an Employee does not understand any applicable WHS Rules, they must raise the matter with a manager or supervisor as soon as possible.

(d) Employees must take part in any programmes or training in relation to workplace safety, as reasonably required or directed by the Employer.

(e) Employees must at all times use and/or wear any applicable safety equipment as required or directed by the Employer.

(f) Employees must only perform tasks which they are authorised, qualified, trained and licensed to perform.

(g) If an Employee discovers, observes, or is involved in any workplace accident, injury, incident or hazard, the matter must be immediately addressed (so far as is safe to do so) and reported.

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(i) If an Employee is provided with safety training in connection with their employment, it is the Employee's responsibility to ensure that they fully understand that training. If the Employee does not understand it, they must raise the matter with a manager or supervisor as soon as possible.

(j) Employees must notify the Employer of any injury, illness or other matter which may increase the risk to the safety of the Employee or any other person in connection with their employment.

(k) The Employee must not consume alcohol or drugs that may impair the safe and competent performance of their duties during work hours while working remotely.

(15) OTHER POLICIES

In addition to this Policy, Employees are required to be familiar with, and to comply with, all other Employer workplace policies and guidelines that may apply from time to time.

(16) MODIFICATION OF THIS POLICY

The Employer reserves the right to modify, vary or revoke this Policy from time to time. Where any material change is made, Employees will be notified of the change.

(17) COMPLIANCE AND ENFORCEMENT

Every remote Employee must comply with the provisions of this Policy. Non-compliance may result in disciplinary action, which may, in serious cases and following a fair process, include termination of employment in accordance with the Employee's contract of employment and the Fair Work Act 2009 (Cth).

(18) HOW TO MAKE A COMPLAINT OR SEEK ASSISTANCE

For further information about this Policy, or to raise a concern or complaint, Employees may contact a supervisor or manager, or the following nominated contact: ________.

(19) GOVERNING LAW

This Policy is governed by the laws in force in ________ and the applicable laws of the Commonwealth of Australia.

(20) ACKNOWLEDGEMENT

(a) The Employee acknowledges and confirms that the Employee has read and understood this Policy, and agrees to comply with it.

(b) The Employee acknowledges and understands that this Policy is intended to serve as a guide and, except where expressly stated, does not create any contractual obligation on any party.

(c) The Employee acknowledges that the Employer reserves the right to modify the policies, procedures and other provisions contained in this Policy.

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Employee Signature

________
Employee Name

________
Date