Fair Work Commission Rules: Why Bosses Are Winning the WFH Battle

The remote work boom may be cooling down as Australia's Fair Work Commission (FWC) hands down landmark rulings favoring employers who demand staff return to the office.

Key Rulings Reshape WFH Rights

Recent decisions make it clear that working from home is not an automatic right. Under the Fair Work Act, employers can refuse flexible work requests on "reasonable business grounds," and the FWC is now actively testing what constitutes a reasonable refusal.

Caregiving vs. Work Demands

In Sydney, payroll officer Rabin Gurung lost his bid to work from home on Mondays and Fridays to care for his two young children while his wife was pregnant. The commission ruled it was not feasible to act as a primary carer while performing complex payroll duties requiring uninterrupted focus, despite the employer offering alternatives like shorter hours or a compressed work week.

Similarly, an AGL customer service worker caring for her ailing mother lost her full WFH demand and was ordered to trial four hours in the office every two weeks.

Seniority and Mentorship

In a Victorian case, senior planner Steven Polak challenged his employer's refusal to reduce his office days to one per week. The council argued his physical presence was vital to mentor junior staff. Deputy President Kamal Farouque ruled in favor of the council, stating the planning team needed a reliable in-person presence to build team connection and improve collaboration.

Not All Hope Is Lost

Despite these rulings, the FWC still protects flexible arrangements that don't impact business output. For example, a Sydney mother recently won the right to adjust her hours for school drop-offs.

However, the message is clear: collaboration, team connection, and mentorship are legitimate business needs. A long commute or general preference is no longer enough to guarantee a work-from-home arrangement.