Skip to main content
FairWorkMate
FWCFair Work Commission · 27 February 2025

[2025] FWC 338

Citation: [2025] FWC 338

What happened

the Applicant, an organiser for the Australian Nursing and Midwifery Federation (Respondent), moved to a regional town in 2021. She initially organised a Local Health District near the Respondent's office, with the Respondent covering travel expenses. In 2022, she returned to work and discussed her living situation with her lead organiser. In 2023, she requested a change to another Local Health District closer to her town to spend more time with her child, citing domestic violence and childcare challenges. A temporary flexible work arrangement was agreed upon, but in November 2023, the Applicant's manager requested written reasons for the arrangement and documentation. the Applicant submitted a letter detailing her long-standing arrangements and concerns about changes to travel policies.

What was decided

The Fair Work Commission granted permission for both parties to be represented by lawyers due to the complexity of the case and jurisdictional questions regarding flexible work arrangements. The Commissioner is currently reviewing the details of the Applicant's request and the Respondent's response, focusing on the specifics of the arrangement she seeks to formalise and the documentation supporting it. The case involves considerations of existing arrangements, policy adherence, and the impact of changes on the Applicant's family circumstances.

Want this applied to your situation?

Reading the decision is free. FairWork Mate goes further — it reads the full case library and applies precedents like this one to your specific facts, citing the cases as it reasons. General information, not a guaranteed outcome or legal advice.

general-protections

Every statement above is drawn from the published decision. Read the original here:

https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwc338.pdf

Want more cases like this?

FairWork Mate tracks Fair Work Ombudsman, Fair Work Commission and Federal Court decisions across Australia. The AI advisor answers plain-English questions grounded on the full corpus — awards cited, industry, penalty amounts and affected employee counts — with a citation to the underlying decision on every answer.

Individual case summaries on this site are free. Full-corpus advisor access is a paid product — Business Solo from $99/mo, 50% off your first 3 months for the first 100 signups.

Get notified on new Fair Work cases

Free email alerts when we publish new underpayment decisions, penalty orders, and workplace law updates.

Free forever. No spam. Unsubscribe anytime.

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 →

← All cases