One of the biggest lessons so far from the Fair Work Commission's arbitration of flexible work disputes is that employers must engage in meaningful dialogue with workers who are seeking new arrangements, a lawyer says in our latest Q&A.
An employee has convinced the Fair Work Commission to order an exception to her employer's hybrid working policy, because after moving further away from its office and enrolling her children in a more distant school, she required a fully remote working arrangement to manage pick-ups and drop-offs.
Claiming to seek a flexible work arrangement due to a child's needs was "somewhat misleading", the Fair Work Commission has commented, in dismissing an employee's dispute over a rejected request.
While accepting an employer was entitled to issue a return-to-office directive, the Fair Work Commission has nonetheless ordered it to grant an exemption to an employee who requested to keep working remotely.
Employees must establish a clear nexus between their obligations as parents of school-age children and their desired working arrangements, rather than simply rely on their parenting status, if they expect to win disputes over flexible work refusals, a new ruling shows.
Some employers are now realising they've "gone too far" in adding flexible work terms to their enterprise agreements, and rolling them back isn't going to be easy, a workplace relations specialist warns.
