A 67-year-old services manager at builder Watpac has secured permission to challenge his employer’s rejection of a four-day work week request in the Fair Work Commission. Paul Murray, who joined the Brisbane-based firm in February 2024, seeks to compress his full-time hours into four days to pursue his passion for creative writing as he approaches retirement.
The Flexible Work Request
Nearly two years into his role, Mr. Murray emailed his boss, Mark Michaelis, outlining plans to restructure his life. He aimed to maintain the same total hours but spread them over four days instead of five, creating space for writing projects that could generate income streams in his later years.
Employer’s Rejection and Counter-Offer
Watpac swiftly denied the request, citing reasonable business grounds. Key concerns included project deadlines for a major NEXTDC data centre build and challenges in redistributing his workload. The company offered a compromise: four days on-site with 6 a.m. starts, plus one day in the Brisbane office with provided accommodation.
Mr. Murray rejected the proposal, stating it effectively maintained a five-day commitment, overlooked his need for true flexibility, and lacked a trial period.
Fair Work Commission Ruling
On Monday, the Fair Work Commission permitted Mr. Murray to advance his claim. This decision marks one of the first examinations of flexible work rights for older employees under the Fair Work Act, which allows workers over 55, parents of school-aged children, and carers to request such arrangements.
Watpac sought to dismiss the appeal, arguing Mr. Murray’s creative goals were not age-related and he had not committed to retirement. The company referenced a 2024 ruling denying an ANZ employee’s full-time work-from-home request due to insufficient evidence of COVID-19 risks in the office at age 62.
Commissioner Chris Simpson rejected these arguments, affirming a direct connection between Mr. Murray’s age and his request. “[Mr. Murray] made clear in his request that the reason for the request was to facilitate a transition to retirement by improving his work-life balance and allowing him to pursue personal creative projects,” Simpson stated. “He submitted he is not yet financially able to retire fully and is therefore responsible for creating alternative income streams while continuing to meet his contractual obligations.”
Implications for Older Workers
The case heads to a full hearing soon, serving as a pivotal test on how far employers must accommodate older workers seeking reduced schedules without full retirement. It could influence flexible work policies for millions across Australia.
