Posts: flexible working request

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flexible working request

FWC dismisses flexible working arrangement dispute due to jurisdictional issue

I don’t mean to flex

Under the National Employment Standards an employee in certain circumstances has the right to request flexible working arrangements . Since June 2023, employees can lodge an application to the Fair Work Commission to resolve disputes relating to FWA requests where an employer has denied the request or failed to respond within 21 days, and attempts to resolve the dispute at the workplace level were unsuccessful.

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Commission finds employer reasonably refused flexible work request, despite employee’s unfortunate circumstances

A difficult refusal

An employer may only refuse an employee’s request for a flexible working arrangement if it has “reasonable business grounds” to do so. The test for what constitutes reasonable business grounds is objective and will depend on the individual circumstances.

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Commission finds no objective or rational connection between an employee’s age and his flexible working request to work from home

The age of flexibility

An employee will only be eligible to request a flexible working arrangement if they are able to demonstrate that there is a sufficient nexus between one of the prescribed circumstances under the Fair Work Act 2009 (Cth) and the request itself.

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