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FWC's flex dispute powers don't extend to transfer request
The Fair Work Commission has refused to make a flexible work order, finding the employee's preferred arrangement could not validly be requested under the FW Act's provisions.
The bus driver applied to the Commission to deal with a flexible work dispute after his employer, Melbourne-based transport provider TS Victoria, refused his request to transfer to the same role in Adelaide.
The employee has been living in Adelaide and absent from work on unpaid leave since December 2025. He sought the arrangement under section 65 of the FW Act based on being the carer of a school-age child.
The employer objected to the application on the grounds that the role the employee sought was with another employer, Torrens Transit...
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