Australian Worker Wins Case for Remote Work Based on Commuting Fatigue

An Australian worker over 55 has successfully argued for flexible working arrangements, convincing the Fair Work Commission that commuting fatigue associated with her age was a legitimate reason to work from home.

Michele Duffy, a student adviser at Victoria University, was granted permission to work remotely one day per week, despite her employer's initial rejection of her request for two remote days.

The university had argued that staff at its Melbourne CBD student service centre needed to be physically present to assist students with face-to-face inquiries. However, Commissioner Oanh Thi Tran ruled that while the university had reasonable business grounds to refuse the request, Ms. Duffy should be allowed to work remotely one day a week, citing her testimony about experiencing fatigue from commuting. The commissioner noted that establishing a medical reason was not necessary, only a connection between being over 55 and the request.

Michele Duffy, who began her employment with Victoria University in 2008, had sought a hybrid arrangement in June 2025 to work from home two days a week. She stated that such an arrangement would help reduce physical fatigue and support her well-being and productivity.

Victoria University initially requested medical evidence to support her application. Ms. Duffy reiterated that her request was based on her age and the desire to mitigate commuting fatigue, while also proposing ways her duties could be performed remotely and offering flexibility regarding her workdays. She also stated her willingness to work full-time on campus during peak periods.

The university maintained that its CBD campus experienced higher foot traffic than other locations, and data indicated Ms. Duffy's student appointments were more frequently conducted in person. They proposed a trial of working from home one day a week, on Fridays, until the end of the year.

Ms. Duffy argued that her request for two remote days had not been properly considered. She also pointed out that the university's data was based on the institution's busiest periods. After reviewing additional data, the university maintained its position.

Commissioner Tran ultimately ordered Victoria University to implement its own compromise, allowing Ms. Duffy to work from home one day a week. The commissioner also found that the university failed to respond to Ms. Duffy's request within the 21-day timeframe stipulated by the Fair Work Act.