Have you requested to work from home due to your carer responsibilities, only to have your employer deny your request or express reluctance in granting it? You are not alone. Many employees in Australia want more flexible work arrangements but don’t always know the best way to ask for them.
The good news is that there is a way to structure your working from home (WFH) request that increases your chances of success.
Has your WFH request been denied? Call us on Call us or email us for expert legal advice.
Why is WFH an Election Issue in Australia?
WFH is at the centre of a major industrial relations debate in Australia with the Federal Opposition vowing to reduce WFH entitlements if elected. The Labor Government has strongly argued it would be a regressive step for Australia to adopt this approach. This tension is reflected in the workplace itself, with some employers wanting to mandate full-time return to the office while employee advocacy groups continue pushing for stronger protections to allow more flexible work, especially for carers. With strong emotions on both sides, the Fair Work Act 2009 (Cth) attempts to address this tension by giving employers the right to direct the location of an employee’s work while allowing an employee to request flexibility.
What Studies Support Each Side?
There has been an explosion of ‘studies’ about this issue:
Employers argue that:
- Studies by business groups and economic think tanks suggest that full-time WFH can reduce productivity, collaboration, and innovation.
- Research from major consulting firms highlights that in-office presence strengthens workplace culture and mentorship opportunities.
- Reports from the Productivity Commission suggest that remote work can create communication silos and reduce spontaneous collaboration.
Employees and advocacy groups argue that:
- Studies from workforce flexibility researchers show that hybrid and remote work can increase productivity and job satisfaction.
- The Australian Council of Trade Unions (ACTU) has cited data suggesting that WFH improves employee well-being and work-life balance.
- Research from the Fair Work Ombudsman indicates that employees with caregiving responsibilities benefit significantly from WFH arrangements.
How Much Weight Does the Fair Work Commission Give to These Studies?
The Fair Work Commission (FWC) considers studies and research in a case-by-case manner. However, individual circumstances weigh more heavily than broad studies.
The FWC is more likely to focus on whether the employee’s request is reasonable within their specific role and employer’s operational needs. While research can inform arguments, employees need to provide concrete evidence of how WFH would not negatively impact their duties. Employers in their turn must prove that WFH would disrupt business operations rather than relying on general studies.
Want to strengthen your WFH case? Call us or email us for expert legal advice.
Can You Legally Request WFH?
Under the Fair Work Act 2009 (Cth), a carer can request flexible work arrangements if:
- You have worked for your employer for 12+ months.
- You are a carer, as defined under the Carer Recognition Act 2010 (Cth)
- Your request is based on genuine caring responsibilities.
For the purposes of the legislation a carer is an individual who provides personal care, support and assistance to another individual who needs it because that other individual:
- has a disability; or
- has a medical condition (including a terminal or chronic illness); or
- has a mental illness; or
- is frail and aged.
To avoid doubt, an individual is not a carer merely because he or she is the spouse, de facto partner, parent, child or other relative of an individual, or is the guardian of an individual; or lives with an individual who requires care.
To increase the chances of approval, your request should include:
- Medical certificates for the person you care for.
- A statutory declaration outlining your duties.
- A structured plan showing how WFH would still allow you to perform your job effectively.
When Can an Employer Refuse a WFH Request?
An employer can refuse a flexible work request only on reasonable business grounds, which may include:
- Productivity and Operational Requirements – If an employer can show that your presence in the workplace is essential for productivity, supervision, or collaboration.
- Cost Considerations – If granting WFH would create unreasonable costs for the business (e.g., requiring new technology, additional training, or higher expenses for managing remote employees).
- Impact on Customer Service – If your role requires face-to-face interaction with clients, customers, or team members that cannot be effectively handled remotely.
- Effect on Team Structure and Fairness – If allowing WFH for one employee would create inequities or operational difficulties for other staff members.
- Security and Confidentiality Issues – If working remotely poses a security risk due to sensitive data or compliance requirements.
Employers must provide written reasons for any refusal within 21 days of receiving the request. If an employee believes the refusal was unfair or did not meet reasonable business grounds, they may seek a dispute resolution process through the Fair Work Commission.
Need help understanding if your request was fairly refused? Call us or email us.
What to Do If Your Request is Denied
If your employer denies your WFH request, you have several options:
- Review the Employer’s Reasoning – Ensure that their refusal is based on reasonable business grounds and not a blanket policy.
- Negotiate a Compromise – Consider offering a hybrid model (e.g., part-time WFH) or proposing a trial period to test WFH effectiveness.
- Seek Internal Review – If your company has an HR department, request an internal review of the decision.
- Seek Legal Advice – If negotiations stall, consulting an employment lawyer can help you understand your legal position and next steps.
- Lodge a Dispute with the Fair Work Commission – If the refusal appears unjustified, you may challenge it through the Fair Work Commission’s dispute resolution process.
Denied WFH? We can assess your case and advise on the best course of action. Call us or email us today.
How we can help
A well-structured WFH request is more likely to succeed. Understanding your employer’s concerns and offering a clear plan can help you negotiate a better arrangement.
Know your rights – Employers have the right to refuse requests but must provide valid reasons.
Plan your approach – A strong, well-documented request increases the chance of approval.
Seek expert legal help – If you’re unsure how to proceed, we can guide you through the process. Call us or email us. Let’s help you make your WFH request the right way!
