Fair Work Commission rejects first employee request for flexible working arrangement

Since 6 June 2023, employees have had a new right to appeal to the Fair Work Commission where an employer has rejected an employee request for a flexible work arrangement.

In the case of Jordan Quirke v BSR Australia Limited [ 2023] FWCFB 2009 the Full Bench of the Fair Work Commission (FWC) dealt with its first appeal by an employee from an employer's refusal to change her working hours as a part time customer experience coordinator. The employee made the application for changes to her roster to help her insomnia and anxiety upon her GP's recommendation.

Facts

• The employee worked pursuant to a roster of varied and non standard hours (including Saturdays) to accommodate the employer's requirements as a retailer franchisor of electrical and furniture products providing support to its approximately 200 franchisees throughout Australia. The employee's usual place of work was from home, subject to working one day per week at the office.