A 67-year-old tradie chasing a late-life dream to become a best-selling author has won the right to fight his employer in the workplace tribunal after being knocked back for a four-day work week.
Paul Murray, a services manager with builder Watpac, will take his case to the Fair Work Commission after the workplace umpire ruled he could challenge the company's refusal to let him compress his full-time hours into just four days.
The Brisbane-based worker, who joined the firm in February 2024, said he wanted more time to focus on his passion for creative writing as he edges towards retirement.
Nearly two years into the job, Mr Murray emailed his boss, Mark Michaelis, saying he was 'restructuring' his life to carve out time to write and hopefully turn it into an income stream in his later years.
His plan was simple: work the same hours, just over four days instead of five.
But Watpac rejected the request within days, citing 'reasonable business grounds', including concerns about project deadlines on a major NEXTDC data centre build and the difficulty of redistributing his workload.
Instead, the company proposed a compromise for the employee to do four days on-site with early 6am starts, plus one day in the Brisbane office, complete with company-provided accommodation.
Mr Murray knocked it back, arguing it still locked him into a five-day week, ignored his request for genuine flexibility, and failed to offer any trial period.
On January 12, 2026 Paul Murray emailed his supervisor Mark Michaelis (pictured) advising he was ‘restructuring’ aspects of his life to dedicate more time to pursue his writing dream
Three weeks later he sat down Watpac people manager Ellarie Osborn to discuss his plans which were ultimately rejected by the construction and cibil engineering company
Watpac rejected the flexible working request citing 'reasonable business grounds' including concerns about project deadlines on a major NEXTDC data centre (pictured) build
On Monday, the Fair Work Commission ruled Mr Murray can press ahead with his claim, with the upcoming decision one of the first to consider how older workers can use the Fair Work Act’s flexible work rights.
Under Australian law, workers over 55, along with parents of school-aged children and carers, have the right to request flexible working arrangements.
Watpac moved to block Murray from challenging its decision, arguing to the FWC that Mr Murray's creative pursuits were not age-related and he had not committed to retire and, as such, had no right to pursue the appeal.
It highlighted a 2024 ruling that rejected an ANZ staffer’s request to work from home full time on the grounds there was no evidence she was at risk from COVID-19 in the office because she was 62.
However, Commissioner Chris Simpson disagreed, stating there was a clear link between his age and his request to cut back his working week.
'[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,' he said.
'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.'
The case is expected to be listed shortly for mention in a landmark test case on how far employers must go to accommodate older workers looking to wind back without walking away completely.