Westpac case: Michal Roucek on flexible working arrangements

The recent flexible working case against Westpac in the Fair Work Commission (FWC) has garnered a lot of media attention, and it's made employees wonder: will the FWC finding impact our hybrid working policy? In this video, Law Partner Michal Roucek explains the facts of the case, where Westpac went wrong, and what employers should consider when presented with a flexible working request. 🔗 Want to learn more? Read the full article here: https://lnkd.in/g6GE9N39

⚖️ Flexible Work Arrangements Under the Microscope: Chandler v Westpac The Fair Work Commission’s decision in Chandler v Westpac sparked media attention about how employers manage flexible work requests — and what reasonable business grounds really mean in practice. This case is a timely reminder for employers to ensure decisions on flexible work are handled lawfully and transparently. 🎥 🔹 The key facts of the case 🔹 The Commission’s findings 🔹 Practical steps for employers responding to flexible work requests

🏠 Do employees have a right to work from home?   ⚖️ There has been considerable media attention surrounding the recent Fair Work Commission decision of Karlene Chandler v Westpac Banking Corporation [2025] FWC 3115 (the Westpac Decision), with some commentators suggesting that the decision evidences a right to work from home.   📖 In short, the Fair Work Act (and the Westpac Decision) doesn’t give employees a right to work from home – the Act provides a right to request flexible working arrangements for prescribed employees, such as employees with caring responsibilities for school aged or younger children.   🎯 Critically, the Act prescribes detailed obligations which employers must meet when they receive a request under the Act, and prescribes that a request may only be refused on “reasonable business grounds”. The Westpac decision is a timely reminder of those obligations. Side note - This image was AI-generated. I tend to turn my computer on when working!   #flexibleworking #fairwork #humanresources #workingfromhome

Balancing flexibility and compliance in the hybrid era A recent Fair Work Commission decision - Karlene Chandler v Westpac Banking Corporation [2025] FWC 3115 - has drawn attention to how employers handle requests for flexible work arrangements under the Fair Work Act 2009 (Cth). The case serves as a timely reminder: policies alone aren’t enough. Employers must follow proper procedure, genuinely consult with employees, and base refusals on clear, evidence-backed business grounds. Our latest article unpacks what this means for employers navigating hybrid work and outlines practical steps to ensure compliance. 👉 Read further: https://lnkd.in/gSEtz5EW Authored by Linda Mackinlay and Saige Levy #EmploymentLaw #FairWork #HybridWork #WorkplaceRelations #HRCompliance

New FWC decision on working from home: The Fair Work Commission has upheld a Westpac employee’s request to work 100% remotely, highlighting the importance of process in handling flexible work requests. The FWC found that Westpac had failed to comply with the Act, including: responding within 21 days, consulting with the employee, providing reasons for refusal, and genuinely considering the consequences of refusal. Westpac argued its hybrid policy (2 days in office) was necessary for workforce management, team collaboration, and communication, and the alternative she had proposed of working from a regional branch wouldn’t meet these needs. The employee demonstrated she had a strong track record working remotely, was a high performer, and the team was already spread across multiple locations and communicating online. The FWC found that the prejudice to the employee from refusal outweighed any perceived impact on the employer. Key reminders for employers: 1. Follow the process: the Act clearly sets out how requests must be handled. 2. Ensure managers know how to escalate and respond to requests promptly. 3. A hybrid work policy alone does not automatically justify refusal: you must be able to demonstrate reasonable business grounds if denying an individual request. #flexwork #employers #employees #HR #employeerelations Sydney Legal Consulting https://lnkd.in/gjHYB9Nz

Hybrid working continues to be a hot topic — surprisingly so, given we’re now five years post-pandemic. This recent case is a timely reminder of how important it is to properly consider flexible work requests, and respond within the required 21-day timeframe. Each flexible work request deserves to be assessed on its own merits. And really, if an employee is performing well, contributing meaningfully, actively developing their skills, collaborating with their team and operationally the position can be done remotely — the decision should be pretty straightforward. Some of the highest-performing, most dedicated people I’ve worked with thrive because their employers support their individual needs, enabling them to do their best work. Productivity and performance over presence people (say that 10 times fast)! 😂

"Westpac not only failed to meet its obligations to consider Ms Chandler’s request to work from home in accordance with the Fair Work Act, but Westpac’s refusal of her request was found to not be based on reasonable business grounds,” FSU national secretary Julia Angrisano said. “This decision puts all employers on notice that they will need to have genuine business reasons to refuse a flexible working arrangement request; employers will also need to demonstrate that they have met all their obligations under the Fair Work Act before any refusal.” Read more here: https://fsu.org.au/470J2uc

Westpac CEO Anthony Miller has maintained the company's in-office work policy is the "right" balance - his first public comments on the issue since the banking giant lost a work-from-home case at the Fair Work Commission last month. https://hubs.la/Q03RFRbr0 #HRNews #HybridWork #WFHPolicy #AustraliaHR

Westpac not only failed to meet its obligations to consider our member's request to work from home in accordance with the Fair Work Act, but Westpac’s refusal of her request was found to not be based on reasonable business grounds. This decision puts all employers on notice that they will need to have genuine business reasons to refuse a flexible working arrangement request; employers will also need to demonstrate that they have met all their obligations under the Fair Work Act before any refusal!

You might have seen headlines this week about a recent Fair Work Commission decision on working from home. 🏘️🏡 Alongside the legal discussion sits an economic story about working from home and flexible working. It’s something I’ve been tracking for well over a decade. In this video I dig into some of this. Economists can quantify a lot about how workplaces actually function: productivity, performance, and cost efficiency. Working from home is just one example that brings these measures into focus. For employers, the gains often show up in improved performance, lower real-estate and recruitment costs, and better use of technology. For employees, the benefits come through less commuting, lower care costs, and more time. + plenty more! Those are just the start of it! For those interested, the decision is Karlene Chandler v Westpac Banking Corporation [2025] FWC 3115.