[2024] FWCFB 473
Citation: [2024] FWCFB 473
What happened
Peter Ridings, employed by FedEx Express Australia Pty Ltd since April 2013, sought a fourth flexible working arrangement to work from home full-time. He previously had flexible arrangements approved, including working part-time and remotely. Ridings cares for his wife and two children, all with disabilities. FedEx required employees to return to the office for at least two days a week, which Ridings initially addressed with annual and personal leave. FedEx rejected his full-time work-from-home request and the Deputy President initially found the request valid. The dispute centered on whether FedEx genuinely attempted to reach an agreement with Ridings before rejecting his request.
What was decided
The Full Bench of the Fair Work Commission overturned the Deputy President’s decision. They found that FedEx did genuinely attempt to reach an agreement with Ridings regarding his flexible working arrangement request. The Deputy President noted Ridings did not provide sufficient detail regarding his changed carer responsibilities, hindering FedEx’s ability to assess the request fully. The Full Bench emphasized that employers can only consider information they possess and that Ridings’ lack of detail prevented a more informed decision.
What it means for employers
Employers should document all discussions and attempts to reach an agreement with employees regarding flexible working arrangements. Employers should clearly communicate the information needed from employees to properly assess requests and ensure requests are properly considered. Lack of detail from the employee can impact the employer's ability to make an informed decision.
What it means for employees
Employees seeking flexible working arrangements should provide comprehensive and detailed information about their circumstances to support their requests. Withholding information or being unforthcoming can hinder the employer's ability to assess the request and potentially lead to a rejection.
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This summary was drafted from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →