Union warns banks to review flexible work requests after Westpac case

Union wants banks to review all rejected requests within the next three months

Union warns banks to review flexible work requests after Westpac case

The Finance Sector Union (FSU) has asked major banks to review rejected flexible work requests following Westpac's recent defeat in the Fair Work Commission (FWC) over an employee's work-from-home case.

The FSU, which represented the employee in the Westpac case, announced on Thursday it had written to finance bosses to make the demand.

"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," said Nicole McPherson, FSU's national assistant secretary, in a statement.

A copy of the letter provided to HRD shows that the FSU wants all rejected flexible work requests to be reviewed within the next three months.

It is also seeking a response from the banks on how many flexible working arrangements have been accepted and rejected between October 31, 2024, and October 31, 2025, and how many of them related to a WFH request.

The FSU further sought confirmation that the banks will comply with all the requirements of the Fair Work Act when responding to flexible working arrangement requests.

It gave bank leaders until 21 November to acknowledge their legal obligations around flexible working arrangement requests.

Westpac's WFH loss

The letter comes after a Westpac employee won the right to work from home after bank refused flexible arrangement. The FWC ruled that Westpac did not meet consultation requirements and was unable to establish reasonable grounds for refusing the WFH requests.

The FSU said in its letter to finance bosses that the FWC decision is a "significant win" that it intends to use in supporting its members.

"This ruling makes clear that employers can't hide behind buzzwords like 'collaboration' or 'culture' to deny flexible work," McPherson said in a separate statement.

The Commonwealth Bank of Australia (CBA) confirmed to HRD that it received the letter.

"We have received the letter from the FSU and will respond to the union in due course," a CBA spokesperson said in a statement.

HRD has reached out to other big banks regarding the union's letter. Westpac, one of the parties in the FWC case, has yet to respond to HRD's request for comment.

In a recent address to investors, Westpac CEO Anthony Miller defended the company's in-office work policy as the "right" balance.

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