The Legal Light Justin Stack Employers must be careful in refusing work from home requests Employers need to be careful when refusing a worker's request to work from home, following a recent landmark ruling in the Fair Work Commission. The commission ordered Westpac to agree to an employee's request to work from home after she had moved to a new home outside Sydney, two hours away from a Westpac office. She told Westpac she had moved to Wilton to be closer to the private school attended by her two children for drop-offs and pick-ups. Westpac rejected the request, saying it had a "return to the office" policy that required employees to work two days per week in the office. The employee had worked part-time for more than 20 years in Westpac's mortgage operations, and since 2017 had worked from home (WFH) with one day in the office. She offered to work two days a week at the nearest Westpac bank 41 kilometres away. But Westpac insisted she work two days per week in a corporate office that was two hours away. The employee asked the Fair Work Commission for a decision under section 65A of the Fair Work Act 2009. The section states the employer must have regard to the consequences of refusing a WFH request, and it must be on reasonable business grounds, such as costs, efficiency, or affecting other employees. Christopher Morris, employment lawyer at Stacks Law Firm, said the commission's ruling has an impact on all employers, affecting workers' requests for flexible working arrangements. "The commission accepted Westpac may obtain some benefit from having a minimal level of employees working in the office, but found the consequences of refusing to allow work from home were seriously prejudicial to the employee and her family," Mr Morris said. "It said Westpac had already allowed the employee to work remotely for four years after she moved to her new house near the school, and there was no question she could do her work effectively remotely. "The case demonstrates that flexible work laws require employers to consider the situation of each employee making the request, assess whether their role needs them to be in the office, and the impact not just on them, but also their family when deciding whether to refuse a request for a flexible work arrangement. "Employers must be aware they need genuine business reasons to refuse a flexible working request. It would be wise to get legal advice from an employment lawyer before making such decisions if there is any concern." Mr Morris said employers are legally obliged to respond to requests for flexible working arrangements within 21 days and provide grounds for refusing such requests. STACKS LAW FIRM Diane Branch Compensation Specialist No Win, No Fee Conditions apply 02 6592 6592 taree.stacklaw.com.au Partners in life The Legal Light Justin Stack Employers must be careful in refusing work from home requests Employers need to be careful when refusing a worker's request to work from home , following a recent landmark ruling in the Fair Work Commission . The commission ordered Westpac to agree to an employee's request to work from home after she had moved to a new home outside Sydney , two hours away from a Westpac office . She told Westpac she had moved to Wilton to be closer to the private school attended by her two children for drop - offs and pick - ups . Westpac rejected the request , saying it had a " return to the office " policy that required employees to work two days per week in the office . The employee had worked part - time for more than 20 years in Westpac's mortgage operations , and since 2017 had worked from home ( WFH ) with one day in the office . She offered to work two days a week at the nearest Westpac bank 41 kilometres away . But Westpac insisted she work two days per week in a corporate office that was two hours away . The employee asked the Fair Work Commission for a decision under section 65A of the Fair Work Act 2009. The section states the employer must have regard to the consequences of refusing a WFH request , and it must be on reasonable business grounds , such as costs , efficiency , or affecting other employees . Christopher Morris , employment lawyer at Stacks Law Firm , said the commission's ruling has an impact on all employers , affecting workers ' requests for flexible working arrangements . " The commission accepted Westpac may obtain some benefit from having a minimal level of employees working in the office , but found the consequences of refusing to allow work from home were seriously prejudicial to the employee and her family , " Mr Morris said . " It said Westpac had already allowed the employee to work remotely for four years after she moved to her new house near the school , and there was no question she could do her work effectively remotely . " The case demonstrates that flexible work laws require employers to consider the situation of each employee making the request , assess whether their role needs them to be in the office , and the impact not just on them , but also their family when deciding whether to refuse a request for a flexible work arrangement . " Employers must be aware they need genuine business reasons to refuse a flexible working request . It would be wise to get legal advice from an employment lawyer before making such decisions if there is any concern . " Mr Morris said employers are legally obliged to respond to requests for flexible working arrangements within 21 days and provide grounds for refusing such requests . STACKS LAW FIRM Diane Branch Compensation Specialist No Win , No Fee Conditions apply 02 6592 6592 taree.stacklaw.com.au Partners in life