Introduction
As we see many businesses returning to their offices after
lengthy periods of working from home due to the COVID-19 pandemic,
employers are likely to receive an increase in requests for remote
working arrangements. Employers will need to balance the employee
desires for remote working arrangements with the need to meet
business operational requirements.
A
recent decision of the Queensland Industrial Relations
Commission (the "QIRC") demonstrates
that employers may decline requests for remote working arrangements
where there are practical and operational reasons which make them
unviable.
While the QIRC decision concerned the Public Service Act
2008 (QLD), which applies only to Queensland public servants,
the principles considered in the decision are similar to those that
apply in relation to requests for flexible working arrangements
under the Fair Work Act 2009 (Cth).