the Applicant v Agl Energy Limited
Citation: [2026] FWC 2428
At a glance
- Employees affected
- 1
What happened
the Applicant, a Customer Service consultant at AGL Energy Limited's ConnectNow subsidiary, requested to work exclusively from home due to caring responsibilities for her mother. Her initial request and subsequent request were denied by the company, citing concerns about coaching, team workload distribution, culture, technological support, and staffing coverage. the Applicant then applied to the Fair Work Commission under s.65B of the Fair Work Act 2009 to resolve the dispute.
What was decided
The Fair Work Commission found AGL Energy Limited had complied with the requirements for refusing flexible working arrangements. The Commission noted discussions between the Applicant and her employer, attempts to reach an agreement, consideration of consequences for the employee, and appropriate referencing of relevant legislation. While no resolution was reached through conciliation, the Deputy President ordered a 6-month trial period where the Applicant attends the office for four hours every fortnight.
What it means for employers
Employers must genuinely consider flexible work requests and have reasonable business grounds for refusal. Documentation of discussions, attempts at compromise, and consideration of employee consequences is crucial. Offering alternative arrangements demonstrates a good faith effort to accommodate employee needs.
What it means for employees
Employees with caring responsibilities can seek formal resolution through the Fair Work Commission if their flexible work requests are denied. Thorough documentation of requests and related communications is important.
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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