News

FWC Full Bench Overturns Flexible Work Request Decision

A Full Bench of the Fair Work Commission (FWC) has reversed an FWC Commissioner’s February 2025 decision which upheld a primary school’s refusal to accommodate a request for flexible working arrangements. The decision of the Full Bench underlines the necessity of adhering to the Fair Work Act’s procedural requirements before refusing a request of this nature.

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Review confirms paid FDV Leave entitlement “appropriate” but underutilised

Late last year, an independent review into the paid Family & Domestic Violence (FDV) Leave entitlement, which was introduced by the Albanese Government in 2023, indicated the scheme was “appropriate and sufficient”, but the Flinders University report flagged “limited awareness” and evidentiary requirements as barriers contributing to low uptake among victim-survivors.

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Continuity of learning trumps Senior Teacher’s part-time work request

A Catholic primary school has satisfied the Fair Work Commission (FWC) that it had reasonable grounds for refusing the request of a teacher who sought to return to her leadership position on a part-time basis following parental leave, with the FWC accepting the “risk of detriment to learning outcomes” outweighed the potential negative impacts on the employee’s financial position and career progression. This decision was successfully appealed on 22 April 2025.

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Failure to consult “accentuated” unfairness of redundancy during parental leave

A small business employer failed to “adhere to basic standards of decency” when it notified an administration employee of the redundancy of her role, by email, whilst she was absent on parental leave, though her compensation was kept to a minimum due to the genuine and significant scaling-back of the employer’s enterprise.

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Supermarket casual’s unavailability provided valid reason for dismissal

The Fair Work Commission has upheld the termination of a casual Coles employee who did not accept a shift in over 90 days, confirming the fact the employee’s “availability did not align with operational requirements” constituted a valid reason for dismissal, but suggested the process adopted by the employer when concluding the employment of casuals who have “not worked for a substantial period of time” could be improved.

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