Employers who refuse a flexible work request have to do their own homework on the ramifications and spell it out clearly in writing, a FWC full bench has held in ordering a school to accommodate a teacher's wish to temporarily work part-time in an executive role while she manages her return from parental leave.
In a decision laying bare one business's struggle to balance productivity and work-from-home arrangements, the FWC has concluded that it did not force a new father to resign when it told him to return to the office and increase his output.
The Australian Industry Group is urging the Coalition to conduct a "fundamental review" of the Fair Work Act in its first term if it wins the federal election, to identify changes to take to the 2028 election, while the ACTU has released legal advice obtained on the party's public sector WFH policy prior to its sudden backflip.
The FWC has held that it has no power under the Fair Work Act's flexible work dispute provisions to deal with a National Australia Bank worker's challenge to the cancellation of her WFH flexibility arrangement after she allegedly failed to comply with its terms.
The Coalition has reversed its stance on working from home in the federal public sector, while also shifting its position on slashing the APS workforce by 41,000, saying it will now be achieved over five years by natural attrition and hiring freezes, but the CPSU is warning this will still have a "devastating" effect on services.
The Ai Group has hinted at a potential "consensus" in a FWC-initiated case with economy-wide implications to consider inserting WFH provisions in the clerks award, while expressing concern that it would be "unfair" to require submissions ahead of results of a survey on the issue, with the tribunal now persuaded to ditch the deadline and hold a conference.
The number of workers covered by agreements has risen by 36.5% over the past three years, according to the latest triennial FWC general manager's report, while applications to deal with bargaining disputes rose 73.5% over the same period.
The FWC has upheld a worker's flexible work request after his employer ended an informal 13-year arrangement, in a decision reaffirming the precedence of the NES, even when it is inconsistent with the terms of an enterprise agreement.
A tribunal has found an "extremely accommodating" Queensland Health acted fairly and reasonably in its treatment of a worker's largely unsuccessful bid to expand her flexible work arrangement.
It would have been "sensible" for a worker to take up the "generous support" offered by his employer, rather than filing an "unwarranted" anti-bullying claim, the FWC has ruled, finding a performance management plan, letter of expectations and a warning amounted to reasonable management action.
