A senior council worker's attempt to increase his work-from-home days based on "work-related fatigue" has been rejected by a tribunal, reinforcing an employer's right to require in-office attendance for operational reasons. Steve Polak, a 55-year-old planning and building liaison officer at Macedon Ranges Shire Council in Central Victoria, sought to reduce his office presence from two days a week to one day for three weeks a month.
Polak argued that his commute and family car usage contributed to his fatigue, and that his responsibilities could be managed remotely using tools like Microsoft Teams. However, the council denied his request, a decision subsequently upheld by the Fair Work Commission. Deputy president Kamal Farouque noted Polak's 14 years of experience made him a valuable asset to the office, particularly in assisting younger staff. Farouque stated that Polak's presence was necessary for team engagement and collaboration, especially given recent changes in the planning team's composition and Polak's status as a long-serving employee.
"The respondent (the council) wishes to have the applicant's experience available to the planning team and build team connection by having him work in the office for two days a week," Farouque said. The council's refusal was based on the "operational needs of the statutory planning team require a regular and consistent onsite presence in order to build team engagement and strengthen in-person collaboration." Polak had previously declined the council's offer to choose his own days for remote work. A manager indicated that the existing arrangement helped Polak manage a car-sharing issue, an argument the tribunal supported.
As a result, Polak will continue to work two days per week in the office. His LinkedIn profile emphasizes his commitment to work-life balance, stating he has little patience for those contrary to good business practice or team morale and believes rewards and recognition are essential.
This ruling comes as Victoria prepares to implement changes to its Equal Opportunity Act on September 1. Under the new laws, eligible employees will be able to request up to two work-from-home days per week if they can reasonably perform their duties remotely. However, employers will retain the right to reject such requests if valid business reasons exist.