Tldr; Fair work commission (Australia) has – in a tribunal ruling – stated they feel working in the office is beneficial for productivity. It's disappointing as these rulings set a precedent and WFH should be becoming a norm.
None of the sources for this are great, but this is the Sky News version. I pasted the text so you don't need to click a link/give them traffic, but this is the original if you'd like it
The Fair Work Commission says working from the office can help boost productivity after it rejected an application from an employee at the salary packaging company Maxxia to work exclusively from home. Maxxia's work flexible work policy was you must be in the office at least 40 per cent of the time, whereas the employee wanted to work from home 100 per cent of the time. The company rejected the employee's request, prompting them to take it to the Fair Work Commission in early September. The FWC then made a ruling late last week siding with Maxxia claiming there are productivity gains from working in the office some of the time. The ruling marks a win for Maxxia and all big employers who are trying to encourage staff employees to come back into the office.
The Fair Work tribunal has deemed salary packaging provider Maxxia had “reasonable business grounds” to deny an employee’s request to work solely from home in a big win for businesses.
The decision marks the first round of push back against Labor's recent amendment to the Secure Jobs Better Pay Act, which allowed employees the right to challenge their employer’s decision around flexible working arrangements.
Maxxia’s Hybrid Working Guidelines policy determines employees must be in the office 40 per cent of the time, but one worker, Charles Gregory, wished to work from home 100 per cent of the time.
Mr Gregory cited his primary reasoning for the request was to care for his primary school aged son, who he was attempting to gain custody of every second week, but currently only cares for one day, every two weeks.
He also presented a letter from his doctor, supporting a flexible working arrangement due to his inflammatory bowel disease and needing easy access to a toilet.
The honeymoon period might just be over for those who enjoy working from home. New data from a Herbert Smith Freehills survey has revealed a growing number of employees plan to change the conditions in which people can work remotely. 38 per cent of senior executives say the option should soon be considered a privilege that is earned through trust and seniority. 13 per cent say workers should expect to be paid less. Working from home has become a growing trend in the corporate world.
According to reports Mr Gregory’s role current role requires him to provide advice and manage cases, and Maxxia claims his daily productivity was waning, down to 50 per cent instead of the 85 per cent target.
Fair Work found there was insufficient reasoning for Mr Gregory to work from home 100 per cent of time.
“I understand the Applicant has concerns about access to toileting facilities,” the tribunal found.
“Whilst I accept that Mr Gregory’s condition would be an inconvenience, I am not persuaded that it is capable of being described as a disability in the normal context of that word.
“Mr Gregory’s request…set out the details of the change sought and that he be permitted to work 100 per cent from home, including the weeks that he was not caring for his child.
“The Respondent (Maxxia) has offered to allow Mr Gregory to work from home in the weeks that he is the primary care giver of his school aged child and is prepared to provide flexibility sought with respect to the working hours so as to allow the child to be collected from school.”
The tribunal ruled there would be productivity gains from Mr Gregory having face-to-face time in the office, including the ability to work alongside colleagues, junior employees having access to his expertise, should they be looking for guidance and coaching to improve Mr Gregory’s productivity.
Sky News Australia Business Reporter Ed Boyd said the decision was a win for more than just the salary packaging provider.
“The idea is, if you’re back in the office, you’re being more productive,” he said.
“It’s a bit of a win here for Maxxia, and for all the big employers out there that are trying to encourage people to come back into the office.”
Australian Chamber of Commerce and Industry chief executive Andrew McKellar said the decision is “encouraging”.
“This decision reinforces the benefits of face-to-face working on workplace productivity,” he said, the AFR reported.
“While we know that flexible work arrangement requests must be considered on a case-by-case basis, it is encouraging that the Fair Work Commission has recognised the importance of working in the office,” he said.