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Your questions answered: Must an employee have a protected attribute to request flexible work arrangements?

By Portner Press on November 20th, 2019
  1. Industrial Instruments
  2. Fair Work Act

Q
An employee who does not have any protected attributes has requested to work fewer days, but the same number of hours.

Is it reasonable to tell the employee that potential approval of working 5 days hours over 4 days will have ramifications of inequity for other staff, may reduce customer satisfaction and will also require cover by other staff?

A
As you seem to be indicating that the employee in question does not meet any of the circumstances listed in the Fair Work Act s 65(1A) that would entitle them to make a request for a flexible working arrangement, you are not required to entertain any such request.

Remember this is subject to any applicable discrimination laws or other general protections that may apply to the employee’s particular circumstances.

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