A Win for Workplace Flexibility: Sydney Mother Secures Remote Work Ruling
A Sydney mother has won a landmark Fair Work Commission ruling, allowing her to work from home all but one day a fortnight.
The decision, which takes effect on June 8, also grants her a late start time of 10:30 am on the rare days she must attend the office, accommodating school drop-offs and a lengthy 1.5-hour commute.
The ruling represents a significant test of the federal government's new 2023 workplace flexibility laws.
The Worker and Her Circumstances
The woman works as a part-time training and support specialist for Reapit Employment Services. She lives in Berowra Heights, on Sydney's far northern fringe, and faces a 90-minute commute to the company's CBD office.
- She requested the flexible arrangement citing childcare responsibilities for a four-year-old and a seven-year-old daughter with medical conditions.
- She is responsible for both daycare and school drop-offs, and her daughter requires additional support.
- She had worked from home successfully since 2016, long before her employer was acquired by Reapit in 2023.
The Dispute with Reapit
After the acquisition, Reapit required staff to attend the office two days per week. The woman's request to continue working remotely was initially approved on a trial basis, but the company later deemed the arrangement unsuitable.
A Reapit representative stated they had "no issues with her productivity or quality of work."
Despite this, the company argued that full remote work would lower efficiency and negatively impact company culture. When negotiations failed, the woman took her case to the Fair Work Commission.
The Commission's Ruling
Commissioner Alana Matheson ruled in arbitration that the mother must attend the office only one day per fortnight, but can start as late as 10:30 am on those days.
Key details of the ruling:
- Office attendance: One day per fortnight.
- Start time: 10:30 am (to accommodate school drop-offs and commute).
- Make-up time: Hours missed on office days must be worked across the rest of the fortnight.
- Effective date: June 8.
The decision explicitly cited the federal government's 2023 workplace flexibility laws, marking a notable precedent for similar disputes. Her team leader described her as someone who "adds value" and provides "considered feedback."
Reapit has been contacted for comment on the ruling.