IEU WIN! An IEU member has won an appeal in the Fair Work Commission (FWC) over a flexible work application.
After a period of parental leave, the member had asked to return to her Religious Education Coordinator role three days a week on a temporary basis because of her childcare arrangements. The employer refused this request and advised the member that, if she wished to work part–time, she could only return to a part–time teacher role. The member challenged this decision by taking the matter to the FWC with the support of the IEU.
In February 2025, a FWC Commissioner upheld the employer’s refusal of the flexible work arrangement request based on reasonable business grounds. The IEU appealed this decision to the Full Bench of the FWC.
On 22 April 2025, the Full Bench overturned the earlier decision of the single Commissioner on the basis that the employer had not considered the consequences for the employee of refusing her request as required in the Fair Work Act section 65A(3)(c). The Full Bench ordered that the member’s employer was therefore not entitled to refuse her request for a flexible work arrangement.
IEUA NSW/ACT Branch Secretary Carol Matthews said: “This decision makes clear that the employer must properly consider the impact on employees, predominantly women, in refusing an application for flexible work.
“This decision will provide greater protection for all employees who apply for flexible work arrangements, including those in leadership roles.”
The IEU congratulates this member for standing strong through an appeal process which resulted in a win.
