A worker has won a significant work-from-home battle after convincing the Fair Work Commission that commuting had become increasingly exhausting as she got older.
Victoria University student adviser Michele Duffy, 63, successfully argued that age-related commuting fatigue was a legitimate reason for flexible working arrangements, despite initially providing no medical evidence.
The university rejected her request to work from home two days a week, arguing staff at its busy Melbourne CBD student service centre needed to be available for face-to-face enquiries.
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.
‘I am satisfied based on Ms Duffy’s evidence, including her oral evidence at the hearing, that she experiences fatigue from commuting,’ Commissioner Tran wrote in her published decision.
‘I do not consider that it was necessary for Ms Duffy to establish that there was a medical reason to support her request, only that there was a connection between the circumstances of being a worker over the age of 55 and the request.’
Ms Duffy, who was represented by the National Tertiary Education Union, started as a casual employee in 2008 before becoming a full-time permanent staff member in 2011.
She worked at Victoria University’s VU City Tower campus in Melbourne’s CBD, the institution’s busiest student service centre.
Victoria University student adviser Michele Duffy, who is over 55, successfully argued that age-related commuting fatigue was a legitimate reason for flexible working arrangements
Victoria University had rejected her request to WFH two days a week, arguing staff at its busy CBD campus (pictured) needed to be available for face-to-face enquiries
In June 2025, she emailed manager Tessa Benson seeking to transition to a hybrid arrangement that would allow her to work from home two days a week.
‘As a worker aged 55 or older, this arrangement would help reduce physical fatigue associated with commuting and support my continued productivity and wellbeing,’ she wrote.
Three weeks later, Ms Benson sought further information, including medical evidence, to support the request.
During a subsequent meeting, Ms Duffy was again asked whether there was a medical basis for her application. She reiterated her request was based on being over 55, reducing the fatigue associated with commuting and supporting her health and wellbeing.
She also sought to address the university’s operational concerns, outlining duties that could be performed remotely and proposing flexibility around which days she would work from home. She said she was prepared to attend campus full-time during peak periods if required.
Victoria University maintained student advisers needed to be physically available to assist walk-in students at its busiest campus and argued that approving the request could affect service levels and require additional staffing.
The university said a review of appointment data showed Ms Duffy’s student bookings were more likely to be conducted face-to-face than online or by phone.
Ms Benson proposed a compromise, offering Ms Duffy the opportunity to work from home one day a week on Fridays on a trial basis until the end of the year.
Commissioner Oanh Thi Tran (pictured) ruled while the university had reasonable business grounds to refuse the request, Ms Duffy should be allowed to work remotely one day a week
In June 2025, Michele Duffy emailed manager Tessa Benson (pictured) seeking to transition to a hybrid arrangement that would allow her to work from home two days a week
But Ms Duffy argued the university had not properly considered her request for two work-from-home days.
She pointed out that she had been taking one day of long service leave each week for the previous 12 months and said the university had relied on data from March to August, the institution’s busiest period, rather than figures corresponding to the proposed trial period.
After reviewing additional data from August to December 2024, Ms Benson maintained the university’s position, saying the figures showed a consistent trend.
‘City Tower continues to record higher foot traffic than Footscray Park, approximately 1,000 more during this period, and appointment data shows the same pattern of bookings being more frequently face-to-face than online or by phone,’ she said.
Ms Benson said that Friday was the quietest day for in-person traffic and reiterated the proposal to trial work from home one day a week.
Commissioner Tran found Victoria University had reasonable business grounds to reject the request, accepting that student advisers needed to be available to respond to walk-in enquiries.
Despite that finding, she ordered the university to implement its own proposed compromise and allow Ms Duffy to work from home one day a week.
The commissioner also found the university failed to respond to the request within the 21-day period required under the Fair Work Act.
