Since joining Westpac in 2002, Chandler has been a dedicated employee. In early 2025, she approached the Fair Work Commission (FWC) with a request to either revert to her previous work arrangement or transition to a fully remote setup.

In a decision made by the FWC, it was highlighted that a senior manager had emailed Chandler, stating that “working from home is no substitute for child care.”

The factors considered included the potential for overwhelming financial strain, a notable decrease in productivity or efficiency, and an inability to support the requested changes.

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“She has been working remotely for a number of years and doing so very successfully,” wrote Thomas, who in his ruling noted that Chandler had been allowed to work from home full-time both before and after taking maternity leave in 2019.

‘All employers on notice’

“The commission’s decisions in this area so far show that it expects a genuine, individualised assessment that weighs the employee’s role, personal circumstances, and the broader impact of flexibility.”

“There was also no real evidence about the reduction in productivity or efficiency or any sort of decline in customer service that could be relied on to really justify the refusal of the application to work from home.”

“Every case turns on its own facts … It’s not necessarily a requirement that the employee has previously worked from home to really justify a work-from-home request.”

More key takeaways

– Ensure systems and processes are in place regarding the technical requirements of their obligations

– Provide detailed and specific business grounds for refusals (not generalised loss of productivity and efficiency arguments) and substantiate such claims

– Must be clear on the change they are seeking (including for what period)

– Offer reasons for the change, and explain how the proposed changes relate to the employee’s particular circumstance — that is, they need to establish a clear ‘nexus’ between the two. Otherwise, we have seen the commission come down on employees, or at least come up with a more balanced option in the circumstances.