In the case of AMWU v Mildura Rural City Council [2012] FWA 4308, the applicant, a single parent, sought to enter into an individual flexibility arrangement to move his standard working times back one hour for up to 12 months, so that he could take his son to school until he found a suitable before-school care arrangement. The request was refused on operational grounds and for work health and safety reasons.
The employee was able to challenge the refusal because his right to request flexible working arrangements arose under the terms of an enterprise agreement. That agreement specifically allowed him to apply to the Fair Work Commission to deal with the dispute.
Ultimately, the Fair Work Commission found that the employer’s grounds for refusal
The employee was able to challenge the refusal because his right to request flexible working arrangements arose under the terms of an enterprise agreement. That agreement specifically allowed him to apply to the Fair Work Commission to deal with the dispute.
Ultimately, the Fair Work Commission found that the employer’s grounds for refusal