The Fair Work Commission Full Bench has sent a strong message to employers: flexible work requests must be genuinely considered, including the personal circumstances and real-life impact on employees.
Who was involved?
Ms Naden (School teacher)
Ms Naden, a school teacher returning from parental leave, requested to work part time for the first two terms while keeping her existing role and pay. Her request was based on childcare responsibilities and financial pressures, including a substantial mortgage.
Sacred Heart Primary School Pymble
The school denied the request, claiming ‘reasonable business grounds’. They argued Ms Naden either return full-time or take a different role at a lower rate of pay.
What happened?
At first, the Fair Work Commission agreed that the school’s refusal was justified on ‘reasonable business grounds’. However, on appeal, the Full Bench found the school failed to comply with their legal obligations under section 65A(3)(c) of the Fair Work Act 2009 (Cth) (Fair Work Act) and overturned the decision.
Under this section, employers must not only provide business reasons for a refusal, but they must also document how they considered the impact of that decision on the employee’s specific personal circumstances.
What this means for you – know your rights!
This decision highlights the legal duty of employers to genuinely consider the human impact of refusing flexible work requests, especially for working parents, carers, and new mothers.
Key takeaways:
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- Employers must respond in writing within 21 days of a flexible work request.
- The written response must include:
- The reasonable business grounds for refusal.
- An explanation of how the employee’s personal circumstances were considered.
- If this doesn’t happen, the decision may be challenged, as seen in Ms Naden’s case.
In other words, it’s not enough for an employer to simply say “no” on business grounds. The Fair Work Act now requires them to take an extra step; they must actively engage with the employee’s situation and explain the human impact of their decision.
This case confirms why it is important to understand your rights. If you have made a flexible work request, including a request to work from home, and feel your personal circumstances were not genuinely considered, you may have options under the Fair Work Act.
Need help with a flexible work request?
Turner Freeman specialises in employment law and workplace rights. If you’ve been denied flexible work or want to understand your workplace rights or entitlements to flexible work arrangements, contact our team today.
Call 1300 418 283 to speak with an accredited workplace relations specialist.
This article does not constitute specific advice.
Elizabeth Naden v Catholic Schools Broken Bay Limited as Trustee for the Catholic Schools Broken Bay Trust [2025] FWCFB 82 (22 April 2025)
