"Fair Work deputy president Tom Roberts found Westpac had failed to establish 'reasonable business grounds' for refusing the mortgage team worker's flexible work request. While the bank argued there were benefits to having a minimum level of office attendance, Roberts found they were 'generalised' and 'insufficient'. While individual cases will be decided based on their own set of facts, McCabes Lawyers principal Tim McDonald told Yahoo Finance the decision seemed to "tip the balance more in favour of employees" wanting to work from home, with the bank worker arguing it was necessary so she could make school drop-offs and pick-ups."
"'I'm not sure whether all cases are going to be decided in that way, but I think anyone who wants to try and work from home all the time will be relying on that case and trying to say that the test for reasonable business grounds is a pretty hard one and has to be well articulated,' he said."
""The fact that the Commission didn't uphold [Westpac's policy], I think, is pretty significant," the workplace lawyer said."
A Sydney mother employed in Westpac's mortgage team was granted the right to work from home after requesting flexible arrangements. Fair Work deputy president Tom Roberts found Westpac failed to show reasonable business grounds for refusing the flexible work request. The bank cited benefits of minimum office attendance, but those reasons were judged generalised and insufficient. A workplace lawyer said the outcome appears to shift the balance toward employees seeking remote work and could influence future challenges to mandatory in-office policies. Eligible Australian workers can request flexible arrangements under the National Employment Standards.
Read at Yahoo Finance
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