The recent Fair Work Commission (FWC) Full Bench decision has sent a strong reminder to employers across Australia: when it comes to flexible work requests, process is everything. In this landmark case, an employer’s refusal of a flexible work request was overruled — not because the request itself was unreasonable, but because the employer failed to follow the correct procedural steps.

 

This decision is a game-changer, making it clear that the process an employer follows in responding to flexible work requests can be just as important as the reasons behind their decision.

 

What Happened in This Case?

 

An employee, juggling the demands of work and parenting a child with disabilities, submitted a formal request for flexible work arrangements. The employer declined the request, citing “reasonable business grounds” a term we often hear in these situations. Read more about the case here.

 

However, upon review, the FWC found that the employer had not adequately explored alternative options, nor had they genuinely engaged in meaningful dialogue with the employee about the request. The refusal was overturned, not because the employer’s business concerns weren’t valid, but because the process lacked the necessary consultation, transparency, and consideration.

 

The Bigger Picture: Why This Matters

 

This case reflects a broader shift in how flexible work is viewed and regulated in Australia. The expectations on employers are increasing, not just to comply with the letter of the law, but to genuinely engage with employees on flexible work requests.

 

At a time when flexible work is critical for working parents, carers, and many others striving for work-life wellbeing, the need for proper procedures has never been clearer.

 

What Should Employers Be Doing?

Here are three key takeaways for organisations navigating flexible work requests:

 

1. Listen First, Decide Later

 

Before saying “no,” employers must take the time to meet with the employee, discuss the request openly, and explore potential solutions. This demonstrates respect and a genuine willingness to support flexibility where possible.

 

2. Document the Dialogue

 

Ensure that your process includes written records of the request, the discussions held, and the rationale behind any decisions. This protects both the employer and the employee and ensures compliance with Fair Work requirements.

 

3. Understand Your Obligations

 

Familiarise yourself with the Fair Work Act’s provisions on flexible work requests, especially regarding who is eligible to make a request and what constitutes “reasonable business grounds” for refusal.

 

4. Be Willing to Trial a Flexible Work Arrangement and be open to adjustments

 

If there are concerns about the suitability of a flexible work arrangement, employers and employees are encouraged to trial potential options to truly evaluate the workability and be open to adjustments as necessary, rather than arbitrarily delivering flat ‘no’ decisions.

 

The Takeaway: Build a Culture, Not Just a Policy

 

Flexible work isn’t just about ticking the compliance box, it’s about building a culture that genuinely supports employees in balancing work and life responsibilities. At Parents At Work, we know that when employers engage meaningfully with their teams on flexibility, everyone benefits from increased wellbeing and retention, to stronger engagement and productivity.

As this recent ruling highlights, a well-designed process that fosters dialogue and understanding is not just good practice — it’s now essential.

 

Want to learn more about building effective flexible work policies?

 

Reach out to us at Parents At Work for support in designing family-friendly practices that work for your organisation.