The Australian Industry Group says that its clerks award WFH proposal is "far less drastic than the unions appear to suggest", in its newly-published response to ASU and ACTU concerns that it might conflict with the new penalty rates legislation and the NES.
A FWC member has revealed the untold story of what happened to the vast majority of the almost 300 disputes over flexible work requests the tribunal received in the last financial year, after only a handful went to arbitration, while she also spelt out her proven template for resolution.
The FSU says employers are now on notice that they must have genuine business grounds for refusing flexible work arrangements, after the FWC made orders to enable a Westpac employee to work from home to care for her children, finding "no question" her role can be "performed completely remotely".
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.
