The FWC might hear the landmark working from home case in early December, after FWC President Adam Hatcher today acceded to an AIG request for a short delay to provide time for submissions on jurisdictional issues unions have raised, related to the National Employment Standards and the recently-passed penalty rates protection legislation.
A FWC full bench has rejected an employer's challenge to a finding that it must grant an employee's flexible work request, upholding a decision that reaffirms the precedence of NES provisions even when inconsistent with the terms of an enterprise agreement.
The proportion of employees working from home in 2023 has hardly eased since the COVID-19 lockdown, with 35% of workers doing some WFH and 15% performing most of their hours away from the office, according to the latest HILDA report.
The Greens will use their balance of power in the Senate to seek to amend the Fair Work Act to give workers the right to work at least two days a week from home if it is "practical and reasonable", echoing Victoria's recent policy proposal.
The FWC has pointed to a Victoria Police branch's brush with the "red line threshold" for public sector service delivery as reinforcing the business case for rejecting a prosecutor's request to work from home on Mondays.
Just 6% of clerical workers who seek WFH arrangements are knocked back by their employer, according to a new Swinburne University study commissioned by the FWC as part of the work from home test case.
A retrenched educator who rejected an alternative role because she wanted to keep working from home at least a day a week has lost her severance entitlements, after the FWC found she did not have a formal right to maintain her flexible arrangements.
The FWC has held that it has no power under the Fair Work Act's flexible work dispute provisions to deal with a National Australia Bank worker's challenge to the cancellation of her WFH flexibility arrangement after she allegedly failed to comply with its terms.
The FWC has upheld a worker's flexible work request after his employer ended an informal 13-year arrangement, in a decision reaffirming the precedence of the NES, even when it is inconsistent with the terms of an enterprise agreement.
