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.

Is Working from Home Warranted

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 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 work-life balance and shared caring responsibilities for 8 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) 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 and 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.