The dispute over flexible working arrangements ended in a ruling that requires Westpac to allow a mortgage team member to work remotely on a permanent basis. The employee had moved 80 kilometres from Sydney to support her children's education, but the bank insisted on a hybrid model that mandated at least two office days per week. The Commission has now overruled that requirement.
Westpac had implemented a post-pandemic policy requiring staff to attend the office at least twice per week. The employee, a parent of school-aged children, relocated to Wilton in 2021 to be near a private school. While personal circumstances were a factor, the Commission ruled that the bank could not reasonably deny the remote work request, given the nature of the role and its prior remote-friendly setup.
Westpac argued that in-person interaction improved collaboration, mentoring and communication. However, the Commission found those arguments insufficient. The employee's position already involved interstate collaboration, used digital systems for team meetings and had not involved face-to-face mentoring since 2022. The bank had also previously permitted remote work, weakening its claim that in-office presence was essential.
This decision may influence future cases regarding flexible work, particularly for employees with parental or carer responsibilities. It highlights that employers may need more robust justification when rejecting work-from-home requests, especially when technology allows for full performance of duties. While each case will vary, this outcome could alter expectations about workplace attendance in the post-COVID landscape.
