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ARTICLE · 22 OCTOBER 2019

Employee not entitled to demand flexible work arrangements

An employee is entitled to request flexible work arrangements but they are not entitled to demand them. Recent case discussed.

AustraliaEmployment and HR

In brief

Under the National Employment Standards, an employee who is the parent, or has the responsibility for the care of a child who is of school age or younger, is entitled to request a change to his/her working arrangements because of those circumstances (e.g. changes in hours of work, changes in patterns of work and working from home).

What you need to know

The Fair Work Commission has confirmed that whilst an employee with caring responsibilities is entitled to request a flexible working arrangement, an employee is not entitled to demand such a flexible work arrangement even in the most difficult of personal circumstances.

In the case of Phillips v Integrated Medical Solutions Group Pty Ltd [2019] FWC 6225 the employee had been employed as a full-time medical clinic receptionist for approximately two years.

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The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances. Madgwicks is a member of Meritas, one of the world's largest law firm alliances.

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