Fair Work draws the line: Work From Home requests must be justified

Work‑from‑home (WFH) is still creating fireworks in Aussie businesses and tribunals. A recent Fair Work Commission (FWC) decision has a powerful message: you can’t get WFH just because it’s more convenient there has to be a real reason.

What went down: Sydney dad’s WFH request denied

Meet Paul Collins, a technical specialist with Intersystems Australia. For years he worked from home two days a week but when his employer switched to full‑time in‑office in February 2025, Paul asked to keep those two WFH days. He said it helped his work‑life balance and caring duties for his 8‑ and 10‑year‑old kids.

The employer counter‑offered one WFH day. Paul said no and escalated it to the FWC. Deputy President Lyndall Dean didn’t buy his argument. She found he hadn’t shown a direct connection between WFH and his parenting role. He didn’t have specific care duties during work hours and could manage school drop‑offs with flexible hours. The company had valid business reasons: mentorship, faster decisions, better customer outcomes, and a measured drop in satisfaction when staff stayed home.

Dean concluded that requesting WFH just because it worked for him didn’t cut it. Employers aren’t required to justify their decisions you do.

Why this sets the benchmark

This case isn’t a one off it signals a shift. Legal experts point out that employees must now show a solid nexus (connection) between their circumstances and the requested arrangement. It’s not enough to say, “I’m happier WFH.” You’ve got to prove it’s necessary for care, health, or another qualifying reason.

Other cases say similar things:

• Gregory v Maxxia (2023): Employee with parenting commitment and health issues sought 100% WFH. FWC accepted employer’s business arguments and upheld hybrid model, forcing at least 40% office time.
• Ridings v FedEx (2024): Part‑time carer asked to work all days from home. FWC said no there must be detailed justification and reasonable business evidence

What about employees? Isn’t this unfair?

Some say it tips the scales. “Defaults to employer’s preference and employees have to justify themselves,” warns Monash lecturer Amanda Selvarajah . That means workers now must present good reasons like specific caring responsibilities, health needs, or evidence how WFH supports their work and life.

Every story so far says the same: generic or vague isn’t going to win in the tribunal.

Employers how to get it right

The good news for employers? You now have a clear playbook:

1. Evaluate requests case by case
   Know the employee’s role, the eligibility criteria (e.g. parental, disability, caring responsibility) and the precise reasons behind the request
2. Have documented “reasonable business grounds”
   Whether it’s cost, operational needs, collaboration, service or productivity, spell these out and link them to the specific request
3. Propose sensible alternatives
   Flexi‑hours, reduced WFH days offer options and document the discussion. Consult and negotiate
4. Explain decisions clearly
   If you refuse, provide a written response listing grounds and how they apply to request an appeal

Do all the above right, and tribunals are mot likely to side with you.

What this means for HR Gurus clients

• WFH isn’t a blanket employee right it’s a conditional request.
• Be methodical, factual, and transparent: employers win by showing they’re reasonable.
• Don’t treat flexible work as a one‑size‑fits‑all benefit.
• For employees, match you personal reasons with your WFH days and know how to explain how.

A word on broader context

The FWC isn’t just handling disputes it’s shaping the future of flexible work:

• The Commission is now exploring a working‑from‑home clause for Clerks Private Sector Award under Modern Awards, which could define when and how WFH is granted more broadly.
• Meanwhile, conversations around entitlements (like penalty rates) when working from home are heating up.
• Expect hybrid to become the norm, not the exception keeping office culture, collaboration, and accountability intact.

So what…

WFH isn’t a matter of preference it requires a solid reason and documentation. If you’re an employer, be clear, fair, and proactive. And if you’re an employee wanting WFH, back it up with substance and context, not just vibes.

At HR Gurus, we help you keep it real: structured and compliant. Because flexible work should work for everyone.

If you need support with WFH requests or challenges reach out we would be happy to help.