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Compliance with an enterprise agreement alone does not constitute a reasonable business ground for refusing a flexible work request, a Fair Work Commission full bench has confirmed in dismissing an employer's appeal.
While certain terms in an EA might be relevant to whether an employer has reasonable business grounds to refuse a request, the full bench said "mere compliance" with those terms as the reason for the decision was not enough.
The case involved a Paper Australia team leader, who sought a formal flexible working arrangement (FWA) after his informal FWA of 13 years was revoked in July 2024, following an audit.
The employer rejected his request on the basis the arrangement, which aligned with his previous hours, didn't comply with a clause in its new EA. (Specifically, it contended that the EA didn't provide a mechanism for changing the roster by individual agreement between the employer and employee.)...
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