Since COVID, more employees have been requesting to work from home — but not all requests hold up legally. A recent Fair Work Commission (FWC) case shows that a "mere preference" for remote work isn’t enough. In this case, a long-term employee wanted to work from home two days a week to help care for his school-aged children. The employer offered one day, which he declined. The FWC found that while the employee was entitled to make the request, he failed to show how the arrangement directly supported his parental duties. The employer’s refusal was upheld as reasonable. Key takeaway for employers: You don’t have to agree to every work-from-home request — especially if it lacks clear justification. Need help managing flexible work requests? Contact John at john@lambwrc.com.au or call 0428 112 009.

The incidence of employer receiving requests for their employee to work from home has increased markedly since the COVID epidemic.  Many of the requests lack validity and employers are at time unsure how to management this request.

An article in Workplace Express provides employers with an indication of how the Fair Work Commission (FWC) may view these requests from employees.  The FWC has made it clear that a "mere preference" for working at home without providing sufficient evidence of responsibilities or needs will not pass the first hurdle for a flexible work order.

A long-serving employee applied for an order under under the relevant section of the Fair Work Act 2009 that would enable him to continue working from home two days a week, after the company ended its COVID-19 arrangements in February 2025 and directed employees to return to the office.

In support of his application the employee cited Although the employer cited work-life balance and shared caring responsibilities for eight and 10-year-old children with his wife, who was also employed.  The employer denied the request, however it offered a one-day-a-week compromise, which the employee rejected.

In a decision (published in Workplace Express on July 16 2025), a Commissioner of the FWC said that the employee had not established "the requisite nexus between his stated circumstance namely, his responsibilities as a parent of school-aged children, and the change in working arrangements he seeks".

His written request merely expressed a preference to continue with a pre-existing pattern of remote work and failed to articulate how working from home two days per week specifically supported or related to his parental responsibilities.

Where the employee was entitled to make the application in support of what he believed to be his child caring responsibilities, the Commissioner was satisfied that the employer had reasonable business grounds to refuse the employees request.

If you are an employer or business owner are faced with such a request from an employee and are unsure of your position, you are invited to contact me on my email address of john@lambwrc.com.au or call me on 0428 112 009.