A recent Fair Work Commission (FWC) case won on appeal by an IEU member in New South Wales has reinforced an aspect of an employee’s right to access flexible work.
Due to amendments to the Fair Work Act introduced under the 2023 Secure Jobs, Better Pay reforms, employers have new obligations before they can refuse flexible work requests.
The decision has confirmed employers have an obligation to properly consider the impact refusing a flexible work request will have on an employee.
Case background
In September 2024, an IEU member in NSW made a request to work on a part-time basis at the start of 2025 following a period of parental leave.
The member holds a middle leadership role in religious education as well as a classroom teaching position.
The employer refused the request on business grounds and cited difficulty in granting part-time arrangements for middle leadership positions.
