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A recent Fair Work Commission (FWC) decision has reinforced the importance of process when responding to flexible work requests, and it is a timely reminder for employers navigating hybrid work policies.
In Karlene Chandler v Westpac Banking Corporation [2025] FWC 3115, a long-serving part-time employee in Westpac's Mortgage Operations team requested to work remotely to accommodate school drop-offs and pick-ups for her young children. Ms Chandler's role involved advancing loans, distributing fees, discharging internal debts and managing enquiries. Her work was largely independent and had been successfully performed remotely for several years.
Westpac refused the request, citing its hybrid work policy and a need for in-office collaboration. Ms Chandler brought a claim to the FWC.
The FWC found that Westpac had failed to meet several key obligations under the Fair Work Act 2009 (Cth) including:
- providing a timely written response
- engaging in genuine consultation; and
- considering the impact of refusal on the employee.
Westpac's response was found to be procedurally deficient. It did not respond within the required 21-day timeframe, and the initial refusal lacked any substantive reasoning. When reasons were eventually provided, they were cursory and included generalised statements such as 'working from home is no substitution for childcare' and references to Westpac's discretion to change remote arrangements at any time. There was no evidence that Westpac had discussed the request with Ms Chandler prior to refusing it, nor that it had genuinely attempted to reach an agreement or considered the personal consequences of refusal.
Although Westpac later proposed a phased return to office work, the FWC found that these discussions occurred only after the refusal and did not amount to genuine consultation. Westpac also failed to articulate specific business grounds for refusal or explain how those grounds applied to Ms Chandler's situation.
The FWC ultimately ordered that the request be granted, noting that Ms Chandler's duties were well-suited to remote work and that Westpac's reasons lacked specificity and substance.
Westpac failure to follow the prescribed process was central to the outcome.
What does this mean for employers?
Employers still have the right to refuse a flexible work request, but only if they follow the correct process. This includes:
- responding within 21 days
- genuinely consulting with the employee
- considering the consequences of refusal
- providing detailed, evidence-based reasons.
The FWC's message is clear: flexibility requests must be handled carefully. They should be approached with, process, and precision and not dismissed with policy references alone.
The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.
