A recent Fair Work Commission (FWC) ruling highlighted that convenience alone isn’t a sufficient reason for an employee to work remotely from home.
The case involved Sydney-based technical specialist Paul Collins, an employee of Intersystems Australia. Collins had previously worked from home two days a week, but when the company mandated a return to full-time office attendance in February 2025, he formally requested to retain his two WFH days. He cited work-life balance and parental responsibilities for his two children, aged 8 and 10, as justification.
Intersystems offered a compromise — allowing Collins one WFH day per week. He declined and took the matter to the FWC, seeking to have his original arrangement reinstated.
However, Deputy President Lyndall Dean dismissed the application, ruling that Collins had failed to establish a clear link between his request and his caring responsibilities. She noted that Collins did not perform direct care duties during his working hours and had flexible arrangements that allowed him to manage school drop-offs.
The Commission acknowledged the company’s reasoning for the office return, which included enhancing mentorship opportunities, improving decision-making speed, boosting customer service, and addressing a noticeable drop in employee satisfaction when working remotely.
Deputy President Dean concluded that WFH arrangements cannot be approved based solely on personal preference or convenience. In her ruling, she emphasised that while employees are entitled to request flexible work, it is their responsibility to provide legitimate, demonstrable reasons — not the employer’s duty to justify a refusal.
The decision serves as a reminder that the right to work from home is not automatic, and must be substantiated with compelling evidence of need.
Need help with a flexible work request? Rest assured we’ve got your back as we are going to cover off on all aspects of flexible work requests plus much more at our FREE Industrial Relations webinar: Understanding Employee Entitlements: Leave, Flexibility & the Right to Disconnect on 20 August 2025.
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