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ARTICLE · 15 JUNE 2025

FWC raises the bar for responding to flexible work requests

Gilchrist Connell
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Employers must methodically comply with section 65A when responding to requests for flexible working arrangements.

AustraliaEmployment and HR
Mark Curran
Mark Curran
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FWC raises the bar for responding to flexible work requests

The recent decision of the Full Bench of the Fair Work Commission in Elizabeth Maiden v Catholic Schools Broken Bay Limited as Trustees for the Catholic Schools Broken Bay Trust [2025] FWCFB 82 underlines the importance of employers meticulously complying with the requirements of section 65A of the Fair Work Act 2009 (Act) when responding to requests for flexible work arrangements.

Facts

The employee had been employed by the employer since 2016 as a teacher. She commenced a period of parental leave on 31 May 2024. At this time, she also held a Religious Educator (REC) role, which attracted additional remuneration. Before she was due to return to work at the start of 2025, the employee made a request for a flexible working arrangement, being to return to work part-time for terms 1 and 2 of 2025 and to full-time work for term 3. The request was made based upon her childcare responsibilities.

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