A senior FWC member has identified a paid agent's apparent "lack of familiarity" with Commission processes as a reason for refusing a worker's request for representation to defend his dismissal for alleged time-theft.
The FWC's approach to assessing flexible work disputes is potentially undermining workers' rights to plan ahead, an academic has warned, after the tribunal held that a Sydney Water employee could not make such a request in the lead-up to his 55th birthday, and found a father ineligible until he finalised his custody arrangement.
As a leading employer-clientele lawyer hosed down fears about WFH "chaos" in the wake of the recent Chandler decision, the Greens have introduced legislation giving employees the right to work remotely for at least two days a week unless fulfilling their roles is "impractical or impossible".
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.
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.
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 FWC has refused to reduce a worker's redundancy payout because the role the employer offered, after outsourcing the company's HR functions, would have paid less and required her to work in the office an additional day each week, despite the informality of her WFH arrangement.
A leading employment and IR barrister says the four-day working week, working from home and the right to disconnect are part of an unavoidable reorganisation of working hours that is set to become "the big issue of our time".
