In a landmark case run by our union, the Fair Work Commission recentlyruled that our member could continue to work from home, despite Westpac’s in-office mandate.
The ruling is a major win for our union’s fight to strengthen work from home rights, and could have significant implications for other finance workers with flexible working arrangements (FWA).
When Westpac introduced its in-office policy of two days per week, FSU member Karlene Chandler was told she had to abide by the policy – despite having worked from home full time for years.
Karlene contacted the FSU and we escalated her case all the way to the Fair Work Commission.
Supported by our union, Karlene was able to point to her high individual performance ratings while working from home. At the same time, Westpac was unable to provide an acceptable ‘reasonable business reason’ to justify requiring Karlene to return to the office.
The Commission ultimately ruled that Westpac had to approve Karlene’s request to continue working from home.
This win sends a strong message to all employers dealing with similar cases and puts them on notice.
Specifically, it confirms that employers must have genuine business grounds for refusing an FWA request, and that they must demonstrate they have met all their obligations under the Fair Work Act before making any refusal.
Our union has written to all employers in our sector to alert them to this ruling. We’ve called on them to review all FWA refusals in the past 12 months in light of our successful case, and to commit to complying with all legal requirements when reviewing FWA requests.
If your employer has instructed you to follow an in-office mandate that is not consistent with your FWA, or if you would like to request a new FWA, the FSU is here to help.
(Remember, to qualify for a FWA, you must meet certain criteria –check out our member fact sheet for more information.)
Submit your request for assistance
The FSU has long championed working from home. FWAs are fundamental in modern workplaces.
Adopting a ‘one size fits all’ approach to working in the office (as employers are increasingly attempting to do) is bad practice that ignores individual circumstances.
We welcome the Commission’s recent decision on our case, and will be actively working to ensure employers take notice for more flexible and inclusive workplaces.
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