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Importance of written response to flexible work requests cannot be overlooked

After defending its denial of a flexible work request on reasonable business grounds, an employer must now implement the arrangements sought, because its written refusal didn't satisfy the Fair Work Act's requirements.

In the context of employees' right to request flexible working arrangements and the need to genuinely try to reach agreement, the importance of an employer's written response, under section 65A(1) of the Fair Work Act, "cannot be understated", the Fair Work Commission full bench said.

In September last year, the religious education coordinator and teacher at Sacred Heart Primary School Pymble asked to return from parental leave working three days per week for the first two terms of 2025. This was to accommodate her childcare responsibilities.

The employer responded that she could return part time but only as a classroom teacher, and she could resume her coordinator role when she went back to full-time work...

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