Shock as mum loses WFH case in bid to leave city: 'Not a free pass'

"It's not essentially a free pass for every parent of a school-age child to make a request. The reason for your request needs to be related to whatever your circumstance is that hits the criteria in that list. Employment lawyer Roxanne Hart explained that while section 65 of the Fair Work Act allows eligible parents to request flexible arrangements, approval is not automatic and requests must demonstrate genuine connection to qualifying circumstances."

"Commissioner Sarah McKinnon dismissed the case, finding in favour of Fitzpatrick's employer, UNSW. McKinnon found there was 'no causal connection' between Fitzpatrick's parental circumstances and her request to work exclusively from home three days weekly, ultimately rejecting her argument that the arrangement was necessary for family stability and interstate relocation."

A Sydney mother employed by UNSW sought to change her flexible work arrangement from two days remote and one day in-office to three days exclusively from home to support her partner's interstate relocation. While she met eligibility criteria under section 65 of the Fair Work Act as a parent of a school-aged child, the Fair Work Commission dismissed her case. Commissioner Sarah McKinnon ruled in favor of UNSW, finding no causal connection between her parental circumstances and the requested arrangement. Employment lawyers confirm that while parents can request flexible work arrangements, these are not guaranteed rights, and requests must directly relate to specific circumstances outlined in legislation.

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