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Fair Work Commission orders university to allow part-time remote work for older staff

The Fair Work Commission in Australia recently ruled that a Victoria University adviser must be permitted to work from home one day per week despite the employer's initial refusal.

If you’re over 55 and too tired to make it into the office, these two Fair Work decisions are required reading | Van Badham
File photo If you’re over 55 and too tired to make it into the office, these two Fair Work decisions are required reading | Van Badham Photo: The Guardian

Previous rejection of similar request

In July, the commission rejected a request from a council employee named Steven Polak to reduce his office days. That decision cited substantial team turnover and a lack of long-serving staff as valid business grounds for requiring in-person presence. The current ruling contrasts with that earlier outcome by accepting remote work without proof of a medical condition.

Commission accepts business merit claims

The commission acknowledged the university's argument that the adviser's role involves face-to-face contact with students. However, it ordered the institution to allow one day of remote work regardless of whether the employee proves a medical issue. This decision marks a shift from previously requiring such proof for similar accommodations.

Implications for older workers

The ruling applies specifically to Michele Duffy, a 63-year-old student adviser seeking approval for two days of remote work initially. The commission determined that reducing her commute would alleviate physical fatigue and improve productivity without needing medical evidence. This outcome suggests the body now recognizes fatigue as a valid reason for adjustment in certain contexts.

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