Australia: the Fair Work Commission (FWC) ruled in favour of an employer’s right to refuse a remote work request

On 16 November 2023, the Fair Work Commission ruled on an employer's right to refuse a request for remote work.
The decision marks an important first step following the entry into force of the new flexible work legislation, the Fair Work Legislation Amendment (Secure Jobs, Better Pay), that came into force at the beginning of the year.
Among the significant changes introduced by the law is granting the Fair Work Commission the power to decide a dispute over a flexible work request.

The case concerns a human resources consultant who submitted a request for permanent work from home which was rejected by the employer.

The employer considered that this solution was not feasible in the long term and that some activities would be challenging to perform remotely.

Before the rejection, the company sought a compromise with the employee, including the possibility of a gradual return to work by continuing to work remotely for 80% of the time. However, the applicant refused the proposal.

In its judgment, the Fair Work Commission (FWC) rejected the employee's appeal to work from home 100 per cent, ruling that the employer had responded reasonably to the employee's request.

The FWC agreed with the employer's arguments and assessed that it had made adequate efforts to accommodate the employee and had "reasonable business reasons" for refusing the request.

The decision addresses a sensitive issue and emphasises the importance of employers having clear, formal regulations and policies on flexible working.