A Sydney mother has beaten back an attempt to force her into the office twice a week, with the Fair Work Commission allowing her to work from home all but one day a fortnight to drop her children at school.
The mother, who lives on the far northern fringe of Sydney, had previously worked entirely from home at her four-day-a-week job, which allowed her to avoid a 90-minute commute into her employer’s office in the CBD.
But after her employer was bought by global real estate software group Reapit Employment Services, the woman faced instructions to work from the Sydney CBD office two days a week. The instructions cited an employee survey flagging “concerning disengagement” among staff.
This month, Fair Work commissioner Alana Matheson found middle ground after “protracted and complex” negotiations broke down between the part-time training and support specialist and Reapit.
She ruled in arbitration that the woman would be allowed to largely work from home under workplace flexibility laws that the federal government beefed up in 2023, and awarded her a late start on the one day a fortnight she has to go to the office. The ruling follows another case from last year when a woman working for Westpac was allowed to work from home on the far south-western fringe of Sydney, to let drop her children at school.
In the latest case, the woman had been working from her home in NSW’s Berowra Heights for her employer since 2016. The business was purchased by Reapit in 2023.
Initially, it was happy with the work from home arrangement, but in May 2024, Reapit told the woman to come into the office twice a week amid allegations she had been “combative” in online meetings, lacked engagement with the broader team and was a negative influence. While never in the office, she had gone to a social lawn bowls event, the company allegedly claimed.
Since 2024, staff had been required to work at least partly from the office to integrate the woman’s employer into the wider Reapit business.
The woman responded by filing a flexible working request asking to “either work from home, attend the office fortnightly on a Monday, or be required in the office from 10am” to accommodate for school drop-offs and the 1½-hour commute.
“I am the parent of a four-year-old who I am responsible for getting to daycare, which is only open from 7.30am, and I am also responsible for getting my seven-year-old to school,” the woman stated.
“My daughter has been diagnosed with [various conditions] over the last 12 months and can require additional support around drop-offs. Driving to the office would take me around 1 hour and 20 minutes, and public transport timing is similar.”
Following this, Reapit approved a change in work arrangements that allowed the woman to work between 10am and 6pm on the days she worked from the office so she could do the children’s drop-off.
“For avoidance of doubt, I have no issues with your productivity or quality of work,” said a Reapit representative. “As I explained, our hybrid working policy is a regional directive and the adoption of this is in no way related to your output.”
After multiple negotiations for the mother to trial various arrangements failed to stick, Reapit granted a six-month exemption in November allowing her to work fully remotely, on the condition that the arrangement would be reviewed every six months.
Between mid-January and late February 2025, the company put the woman on a temporary performance improvement plan, requiring that she “actively promote positivity by refraining from spreading negative sentiment”.
“Don’t ask questions on behalf of other staff members”, the performance plan stated. “Be a positive member of the team to promote team cohesion”.
But in June 2025, despite the woman arguing she had been able to work from home without performance issues, Reapit deemed the arrangement unsuitable and said she would have to work one day a week in the office from July and August. The woman asked for this to be reconsidered.
Her boss said she had done a “wonderful” job, in a document submitted to the commission. “[She] adds a lot of value to the team with considered feedback and suggestions,” her team leader wrote.
But the mother’s request was declined because, Reapit said, it would lower efficiency and impact company culture and cohesion across the business.
Four days later, the woman notified Reapit that she would be taking the matter to the Fair Work Commission.
Ultimately, Matheson ruled that the woman was permitted to keep working from home, citing her drop off responsibilities, but had to work from the office once a fortnight on a day of her choosing.
To accommodate the special needs school drop-off and the long commute, the woman was permitted to start as late as 10:30am on the day she works from the office, but was legally obligated to make these hours up across the rest of the fortnight.
The new arrangement will take effect from June 8. Reapit has been contacted for comment.
The Business Briefing newsletter delivers major stories, exclusive coverage and expert opinion. Sign up to get it every weekday morning.
Jessica Yun is a business reporter covering retail and food for The Sydney Morning Herald and The Age.Connect via X or email.
