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FWC upholds employer's "compelling" reasons for refusing flex request

An employee's request for a flexible working arrangement was completely misaligned with peak demand for the work she performed, the Fair Work Commission has accepted.

The employee didn't seriously challenge the employer's evidence supporting its business grounds for refusing her request, Deputy President Bryce Cross noted. Rather, her position was that notwithstanding those grounds, "her requests should nonetheless somehow be accommodated".

The part-time aviation screening officer for Certis Security Australia, which provides passenger screening services at Sydney Airport, sought a flexible working arrangement based on her status as a carer – of two school-age children, her elderly, ill and frail father, and her brother, who has a disability.

After the employer refused, she applied to the Commission for an order under section 65C of the Fair Work Act...

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