Right to Work from Home

Recently, the Fair Work Commission dealt with a flexible working arrangement request (under the Fair Work Act) which was denied by the employer, Westpac.

The employee requested to work remotely from home to care for and attend to school pick-ups and drop-offs for her 2, 6 year old children.   Westpac refused, the worker offered to work from a local branch 2 days per week (instead of the corporate office) however Westpac refused this too.

The employee had previously worked remotely with Westpac. In 2017 she was only required to attend the corporate office one day per week.  In 2018 she worked remotely each day until August 2022 when she was required to attend the corporate office one day a month.

At the end of 2024 the employee sought to work at the other branch for 2 days per week instead of attending the corporate office due to travel considerations for the employee and a policy requiring 2 days in the corporate office each week.   This was approved on a short-term basis.  The employee made a formal request in early 2025 which was refused with no reasons provided, of which she requested the same day.

Westpac failed to respond to the employees requested within the required 21 days according to the Fair Work Act and no reasons for refusal were provided.  Nor did Westpac genuinely try to reach an agreement (consultation) nor any regard to the consequences of the refusal to the worker.   The reasons Westpac provided to defend their refusal of the request were also need to not be reasonable business grounds.

It is therefore important for businesses to understand their obligations under the Fair Work Act and be careful in not only formally replying to the employees request in the 21 days but also giving genuine consideration and consultation to come to an agreement and if rejecting it must be on reasonable business grounds.

Case: Karlene Chandler v Westpac Banking Corporation [2025] FWC 3115