A recent ruling by the Full Bench of the Fair Work Commission (FWC) serves as a timely reminder to employers of the critical importance of following procedural requirements under the Fair Work Act 2009 when handling flexible work requests.
In this case, a school’s refusal of a part-time work request — submitted by a teacher returning from parental leave — was ultimately overturned, not due to the lack of reasonable business grounds, but because of a failure to meet one of the Act’s procedural obligations.
The Bench determined that the school had not adequately addressed the impact the refusal would have on the employee in its written response, a key requirement under the legislation.
A bit of background, in late 2024, a teacher from Sacred Heart Primary School, Pymble requested to return to work part-time for the first two terms of 2025 to assist with parenting arrangements while childcare was being finalised. The school declined the request, citing concerns including educational disruption, increased operational costs, added burden on other staff, and reduced leadership capacity.
While the original decision by Commissioner Matheson accepted that these constituted reasonable business grounds for refusal — an assessment left unchallenged on appeal — the Full Bench intervened due to a procedural shortcoming.
Despite the employer’s valid concerns, the school’s response was found wanting in two key respects.
This omission proved critical. The Full Bench concluded that the school had not met one of the pre-conditions necessary to lawfully refuse the request under the Fair Work Act. As a result, the original decision was overturned, and the employee’s request was granted in full by the Commission.
Notably, the Bench opted to directly substitute its own decision, rather than ordering the employer to reconsider the request in accordance with the proper procedure. This approach underscores the seriousness with which procedural compliance is treated and sends a clear message: failure to follow the correct process may leave employers with no opportunity to revisit the decision, regardless of the underlying business case.
We are here to help
We can help you ensure that you fully meet all procedural obligations under section 65A of the Fair Work Act when responding to flexible work requests. These obligations include engaging in discussions with the employee about their request, making genuine efforts to reach a mutually agreeable solution, considering the potential impact of a refusal on the employee, and ensuring that any refusal is based on reasonable business grounds.
Crucially, all of these elements must be clearly documented in the written response provided to the employee. A failure to do so may render an otherwise justifiable refusal invalid.
We can help you undertake a review of your internal processes to ensure compliance with the Act.
Need support or advice contact our Business Advice Hotline on (08) 8300 0000 (select option 1).
