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Flexible work refusal overturned despite EA inconsistency

Inconsistencies between an employee's requested flexible work arrangement and an enterprise agreement didn't constitute a "reasonable business ground" that justified the employer's refusal, the Fair Work Commission has ruled.

In analysing the inconsistencies the employer relied on, Commissioner Leyla Yilmaz noted that EA terms were relevant "where they are ancillary, incidental or supplementary but only to the effect that they are not detrimental to an employee in any respect when compared to the NES".

The case concerned a team leader with Paper Australia who had been on an informal flexible working arrangement (FWA) for 13 years, with his start and finish times on Thursdays adjusted to allow him to pick up his children from school and take them to after-school activities.

However, in July last year, an audit identified that some FWAs at the company weren't compliant with its new EA, and the team leader's FWA was revoked...

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