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The Fair Work Commission has confirmed that it can't arbitrate a flexible work dispute about a request that was made one month before the employee met the eligibility criteria.

Commissioner Sarah McKinnon found that even though the employee had met the relevant criteria by the time of his dispute application, his request for different work arrangements wasn't validly made, and therefore she had no jurisdiction to deal with it.

The employee made his request on 7 April this year, prior to his 55th birthday, and shortly after Sydney Water Corporation issued a requirement for its workforce to be 'on site' three days per week.

He sought to work his full-time hours over four days, with one day in the Ryde office, another day in his "primary" office in Parramatta, and the other two days at home.

The compressed week would allow him to become more involved in community activities, such as volunteering at the local Men's Shed, he said. Further, working remotely two days per week would enable him to undertake regular exercise, supporting his health and wellbeing...