Flexible Work Requests – A Recent Case Employers Need to Learn From

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Flexible work continues to be a major compliance focus, and a recent Fair Work Commission decision shows just how important it is to follow the correct process.
 
In this case, an employee requested to work from a closer location due to caring responsibilities. The employer refused—but failed to follow the legal steps. As a result, the Commission found the employer had breached the Fair Work Act and ordered the arrangement to be granted.

What Went Wrong?
The employer:
  • Did not respond within 21 days
  • Did not genuinely discuss the request
  • Relied solely on company policy, not valid business reasons
  • Failed to consider the employee’s personal circumstances
The Commission’s Message
Employers must:
  • Respond within 21 days
  • Discuss requests genuinely
  • Explore alternatives
  • Provide clear business reasons for refusal
  • Consider each request on its own merits
A rigid or blanket policy will not protect an employer.

What Employers Should Do Now
  • Update your flexible work request procedure
  • Train leaders on compliant response steps
  • Document all discussions and decisions
Need help designing a compliant flexible work process?
Phone: 7095 1830