‘Can’t hide’: Major banks issued warning after landmark WFH ruling
Bosses have been issued a stern warning today about potential “consequences” of denying staff the right to work from home.
Bosses across the country have been issued an ominous warning about their in-office rules, following a recent landmark working from home ruling.
In October, the Fair Work Commission ruled in favour of allowing a Westpac employee to work remotely full time after her request was denied by the bank.
The Finance Sector Union (FSU) is calling for finance bosses across the country to review their flexible work policies, warning they could face a wave of new cases if they don’t comply.
In a letter sent to all major Aussie banks, the union claimed employers could be breaching workplace law if they continue to reject flexible working requests without proper consideration, consultation or justification.
“We’ve told every major bank to get their own house in order — fix rejected work-from-home requests, comply with the law, and stop acting like flexibility is a privilege,” FSU National Assistant Secretary Nicole McPherson said.
“Our members have proven they can deliver from home. Flexibility is not a perk, it’s a legal right and we’ll keep fighting to make sure every worker in finance can exercise it.”
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Ms McPherson also said the ruling makes it clear that employers “can’t hide behind” commonly used buzzwords like “collaboration” and “culture” when justifying the denial of flexible work requests.
The union is calling on bank leadership to “immediately review” all rejected flexible work requests from the past 12 months and confirm they comply with the Fair Work Act.
In the letter, the FSU states the banks must ensure all future refusals are lawful, transparent and evidenced based, with the union expecting written confirmation from each employer acknowledging this outlining their plan to bring policies into line with the laws.
The warning comes just weeks after the landmark ruling from the FWC, after Westpac worker had her request to work from home full time refused by the bank.
Karlene Chandler has worked for Westpac for 23 years and is currently employed part-time in the mortgage team in NSW.
In January, she asked the bank if she could work remotely from her home in Wilton, 80km southwest of the Sydney CBD so she could pick up and drop off her children for school.
Westpac refused, with a senior manager telling the mum “working from home is not substitute for childcare”.
Ms Chandler’s alternative proposal of working two days a week at a branch closer to her home was also rejected.
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The case was brought before the FWC, which rules in favour of the employee, noting she had a “very successful” track record of working from home and there was not grounds for Westpac to deny her remote working request.
In a statement to news.com.au, a Westpac spokesperson said the bank would “consider the ruling”, adding that the company’s policies remain consistent with the Westpac Group Enterprise Agreement.
“Westpac’s workplace policy is designed to help our people deliver the best outcomes for customers, no matter where they work. It ensures meaningful collaboration within teams while providing flexibility to work from home,” the spokesperson said.
In the statement released on Thursday, the FSU said this ruling “sets a precedent that will have far-reaching consequences across the finance sector”, particularly for employers that have sough to impose blanket return-to-office mandates without considering the individual circumstances of employees.
“Westpac broke the law when it ignored its own worker’s rights and we’re putting every other bank on notice that they can’t do the same,” Ms McPherson said.
“While the big banks cut thousands of jobs, offshore work and replace people with AI, they’re still trying to force remaining staff back into offices under the guise of teamwork. It’s hypocrisy at its worst.”
Earlier this week, Westpac chief executive Anthony Miller defended bank’s flexible working policy, declaring it’s work from home settings are correct.
Addressing investors on Monday at the bank’s full year results presentation, Mr Miller said the current policy of two-to-three days per week in the office was “the right balance”.
“Our goal is to be the employer of choice. You know, where the best wants to come and get a chance to be the best every day.
“The second point I’d like to sort of draw out is that, you know, we’ve been very focused on making sure we’re as flexible, as practical and as flexible as possible and that we can be, and I would say that we think we’ve got the balance right. Our policy is two-to-three days a week in the office, (which) we think is the right balance.”
Mr Miller said the bank was focused on outcomes, regardless of an employee’s working location, but noted the majority of the institution’s staff were based out of a branch full time.
“And their presence and their activity levels drive a lot of business into the bank. And so if we are going to be one team, everyone needs to be sensitive that they can’t just arrive with an expectation or a sense of entitlement that they only need to be in the office one or two or three days a week when we’ve got others who commit five days every week,” he said.
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Originally published as ‘Can’t hide’: Major banks issued warning after landmark WFH ruling
