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Granting flex request would "create expectations" in broader workforce

It was reasonably foreseeable that accommodating an employee's preferred rostering arrangement would prompt similar requests from other workers, potentially causing an employer to suffer "significant" efficiency and productivity losses, the Fair Work Commission has found.

The childcare challenges facing the employee were likely to exist for at least 28 other workers at the site, and probably many more, Commissioner Sarah McKinnon said, in finding the employer had reasonable business grounds for declining her request.

In May 2025, while on parental leave, the Coal & Allied Mining Services mining operator requested flexible arrangements for when she returned to work, to accommodate her caring responsibilities.

Specifically, she asked to work 10.5-hour day shifts for the foreseeable future, instead of her previous 12.5-hour rotating day and night shifts...

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