A significant ruling by the Fair Work Commission has prompted banks in Australia to reassess their work-from-home policies. The decision, made in late October 2023, found that Westpac unlawfully denied a mother’s request to work remotely while caring for her children. This landmark case has drawn attention to employees’ rights regarding flexible work arrangements, emphasizing that such flexibility is a legal entitlement rather than a mere privilege.
The Finance Sector Union (FSU) responded to the decision by urging bank executives to review their existing work-from-home policies. The union highlighted that rejecting requests for flexible work without adequate justification could lead to legal repercussions. “Westpac broke the law when it ignored its own worker’s rights, and we’re putting every other bank on notice that they can’t do the same,” said Nicole McPherson, the union’s national assistant secretary.
The case involved Karlene Chandler, who requested to work from home to facilitate care for her two six-year-old children. Westpac declined her request, as well as an alternative proposal for her to work from a local branch in Bowral for a couple of days each week instead of the corporate office in Sydney. The commission determined that Westpac failed to respond to her request within the mandated 21-day period, did not engage meaningfully with her situation, and did not provide specific reasons for its decision.
Despite the ruling, Westpac’s chief executive, Anthony Miller, defended the bank’s policies, claiming that the institution offers one of the most flexible work-from-home frameworks in the sector. Nonetheless, McPherson criticized banks for being “hypocrites,” accusing them of cutting jobs and offshoring work while insisting that employees remain physically present in their offices.
The FSU is now seeking written confirmation from banks to establish their compliance with flexible work obligations. This ruling marks a pivotal moment for the finance sector, encouraging a shift toward more accommodating work environments in response to employees’ needs.
The implications of this ruling extend beyond Westpac, potentially influencing how financial institutions across Australia approach work-from-home requests. As the workforce increasingly values flexibility, banks may need to adapt their policies to align with legal requirements and employee expectations.
