A University of New South Wales employee has lost her legal challenge to work from home full-time, aiming to relocate to Queensland for her partner’s major job opportunity.
Details of the Flexible Work Request
Kellie Fitzpatrick, who already enjoys a flexible schedule with three days working remotely and one campus visit weekly, sought permanent remote work to support her family’s move. This arrangement helps her care for her young child. However, requiring weekly travel to Sydney from Queensland would complicate childcare, she argued before the Fair Work Commission.
Fair Work Commission Ruling
Fair Work Commissioner Sarah McKinnon ruled on Monday that the University of New South Wales does not need to approve the request. The decision highlights that Fitzpatrick’s reasons center more on her partner’s career and health benefits than on her child’s needs.
‘Ms Fitzpatrick wants, but is not required, to move to Queensland to support her partner’s health and career while also improving the family’s financial position,’ Commissioner McKinnon stated. ‘Her reasons are understandable, but they are not circumstances of the kind that engage the right to request under section 65.’
Under section 65A of the Fair Work Act, eligible employees with at least 12 months’ service—including parents of young children, carers, pregnant workers, those over 55, or people with disabilities—can request flexible arrangements. The commissioner noted uncertainty around the Queensland move, including childcare logistics and timing.
‘There is also no certainty as to what a move to Queensland might entail, or what childcare arrangements might be required, or even when these pieces of the puzzle would start to come together,’ McKinnon added. ‘The request could not have been made “because of” circumstances that did not yet exist.’
Contrast with Recent Precedent
This outcome contrasts with a prior case where Sydney mother Karlene Chandler secured the right to work from home against Westpac. Chandler, parent to six-year-old twins, needed to handle school runs and avoid a two-hour commute. The Fair Work Commission upheld her request under section 65, affirming that employers cannot dismiss such applications lightly. Experts view this as a key win for working parents, potentially influencing future disputes.
Rising Flexible Work Requests
Australian Business Lawyers and Advisors director Julian Arndt observes that employers face more frequent, creative requests for flexibility, partly fueled by tools like ChatGPT. Many overlook the broad scope of section 65, which applies to a large segment of workers. Arndt predicts a surge in Fair Work Commission applications for flexible arrangements.
