Under section 65B of the Fair Work Act 2009 (Cth), employees in Australia are entitled to request flexible working arrangements. While this right has been in place for some time, decisions interpreting these provisions have been limited — until now.
A recent decision by the Fair Work Commission in Peter Ridings v FedEx Express Australia Pty Ltd T/A FedEx [2024] FWC 1845 has shed light on how such requests will be assessed, particularly when there is a conflict between personal needs and business operations.
Case Summary
Mr Peter Ridings, employed as a clearance classifier at FedEx, had previously been allowed to work remotely for three days per week. He later sought a more permanent arrangement — to work from home full-time — citing carer responsibilities for his children and the need to support his wife.
FedEx declined this request, citing several operational concerns. These included reduced collaboration with colleagues, potential declines in productivity, and challenges around team cohesion and oversight.
Commission’s Decision
The Commission ruled that Ridings must attend the office one day per week for three months, with some flexibility for FedEx to adjust the required day under specific circumstances.
Key Considerations by the Commission
Several factors influenced the Commission’s findings:
- Lack of updated evidence: Ridings did not provide clear or recent documentation outlining the changes to his caring responsibilities that would prevent office attendance.
- Limited cooperation: He did not explore or trial alternate solutions proposed by FedEx before lodging his application.
- Proximity to workplace: His home was located near FedEx’s office, weakening the justification for full-time remote work.
- Impact on teamwork and efficiency: His limited presence in the office was found to affect both his productivity and collaboration with colleagues.
Implications for Employers and Employees
This case illustrates how the Commission may weigh flexible work requests. It underscores the importance of both parties engaging constructively and in good faith when exploring alternative work arrangements.
Lessons for employers include:
- Know the legal framework: Requests and responses must meet the procedural and content requirements under the Fair Work Act.
- Engage meaningfully: Employers should genuinely consider employee needs and avoid vague justifications like “better productivity in the office” unless backed by evidence.
- Be proactive: Avoiding disputes begins with open communication and a willingness to trial or modify arrangements where practical.
- Be prepared: With flexible work requests on the rise, employers should consider incorporating a formal flexible work policy or updating employment contracts to clearly outline how such requests are handled.
Do you have a flexible workplace policy in place? At ForgeHR we can help you navigate these complex and emotional cases. Contact us now!
