Fair Work sides with business in major ruling over WFH and caring duties

The Fair Work Commission (FWC) has sided with an employer who turned down a worker’s request to balance caring duties with at-home work for two days a week, in a decision showcasing the need for genuine workplace engagement with work-from-home (WFH) requests.

FWC commissioner Alana Matheson sided with plasterboard manufacturer Knauf Gypsum Pty Ltd late last month, after it turned down full-time payroll officer Rabin Gurung’s WFH request.

Gurung brought his case to the FWC, which heard Gurung requested to work from home on Mondays and Fridays so he could act as primary carer for his children, aged two and four.

The payroll officer also noted his wife was pregnant with their third child, with a “medical condition associated with her pregnancy such that the [he] needs to be the primary carer for the children on Mondays and Fridays,” according to the FWC decision.

Knauf turned down the initial request, saying Gurung was responsible for the business’ most complex pay run, with the commission hearing a “high level of focus and attention to detail is critical to ensure the process is completed accurately and efficiently”.

Gurung denied his performance had dropped while operating under a prior WFH policy, but Matheson found Knauf’s claims about the nature of the role and its interaction with caregiving duties had merit.

“While [Gurung] suggests that [Knauf’s] concerns rely on assumptions regarding caregiving responsibilities, I do not consider those assumptions to be misplaced,” according to the decision.

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Crucially, Knauf did not simply reject the WFH request.

The commission heard that Knauf offered four alternative options to Gurung, allowing him to work longer hours Monday-Thursday and take Friday off, or work longer hours Tuesday-Thursday with reduced hours on Monday and Friday.

Part-time employment, or retaining full-time hours while working across the early mornings or evenings, were also offered.

Gurung turned down those offers, according to the commission.

The FWC ultimately sided with Knauf in the matter, with Matheson finding the business did have reasonable business grounds to deny the request.

But Matheson encouraged both parties to “continue their discussions about alternatives that can better balance their mutual needs”.

In a broad overview of the matter, Darren Taylor, special counsel for the Thynne + Macartney law firm, wrote that employers should not view the decision as one that automatically excludes employees from WFH if they care for children.

“Ultimately, this decision reinforces that flexible work requests must still be carefully assessed against the circumstances of the individual,” he wrote in a Friday statement.

You can read the full ruling here.