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ARTICLE · 24 SEPTEMBER 2026

Flexible Work Requests - When Employee Safety Comes First

Bartier Perry Solicitors
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A recent Fair Work Commission decision confirms that employers may refuse flexible work requests where genuine workplace health and safety concerns exist. The case examined whether a council's requirement for two employees to be present at a visitor centre constituted reasonable business grounds for refusing a part-time remote work arrangement following incidents of aggressive public behavior.

AustraliaEmployment and HR
Shawn Skyring
Shawn Skyring
Jonathan Yassa
Jonathan Yassa
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Flexible work requests are becoming increasingly common, but employers are not required to approve every request. Under s 65A and s 65B of the Fair Work Act 2009 (Cth) (FW Act), eligible employees may request flexible working arrangements. An employer may refuse a request where there are “reasonable business grounds” for doing so.

A recent decision of the Fair Work Commission in Mathews v Greater Shepparton City Council [2026] FWC 3351 confirms that work health and safety considerations can constitute reasonable business grounds for refusal.

The facts

Following incidents involving aggressive and threatening behaviour from members of the public, Greater Shepparton City Council reviewed the operation of its Visitor Information Centre. As part of that review, and following concerns raised by employees and the union, the Council implemented a requirement that two employees be present at all times while the centre was open.

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