First published on Tuesday, August 11, 2026
Last updated on Tuesday, August 11, 2026
While Victorian employees and business owners await the introduction and potential changes to the proposed working from home laws, a recent ruling by the Fair Work Commission regarding a permanent request to work from home may have lasting implications when the laws are introduced.
This recent case is an interesting example of what the Fair Work Commission constitutes as an acceptable reason for working from home permanently.
The employee’s request
The case involved Jonathan Robinson from Melbourne, who is employed as a dispute resolution specialist. He requested to permanently work from home due to needing to take care of his sick wife and child. His employer refused the arrangement as they believed the lack of in-person interactions would significantly impact his ability to perform the role sufficiently, emphasising the need for in-office work plus collaboration.
The Fair Work Commission ruling
Jonathan took his case to the Fair Work Commission, arguing that he needed to permanently work from home as his wife’s condition meant she couldn’t look after their child without assistance, and their child couldn’t attend childcare due to also having issues with their health.
The Fair Work Commission ultimately ruled in favour of his employer, stating that it was reasonable to expect him to be in the office due to the nature of his role, with his employer’s policy being that staff are required to be in the office a minimum of two days a week. While the Fair Work Commission acknowledged the reasons were genuine, it also stated that the employer’s denial of his request to be reasonable.
As the proposed laws and potential changes from new Victorian premier Ben Carroll are to be introduced, as an employer you might be wondering how to navigate them and how your business will be affected. For this, as part of our HR software packages we have a team of employment relations specialists and 24/7 advice to ensure you remain compliant and navigate the laws effectively. For more information, book a free demo with our team today!
