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ARTICLE · 25 JANUARY 2022

QIRC rejects employee request for remote working arrangements

Employers may decline requests for remote working arrangements if practical and operational reasons make them unviable.

AustraliaEmployment and HR
Matthew McKeon
Matthew McKeon

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).

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