71 - Dealing with flexible working arrangement requests
Flexible Work Requests Under Australia’s Fair Work Act: Lessons from Talaugon v Alight (2025)
Melissa Bush explains how flexible work requests under s65 of the Fair Work Act became a tightly regulated process after mid‑2023 reforms, requiring genuine discussion, attempts to reach alternatives, consideration of refusal consequences, and a detailed written response within 21 days, with disputes now able to go to the Fair Work Commission. She reviews the Federal Court case Talaugon v Alight (2025), where a contracts officer and primary carer sought a split-shift, largely work-from-home arrangement; the employer engaged through a formal policy, ultimately refused the proposal on efficiency/productivity and customer service grounds, offered an alternative that was accepted, and later terminated employment amid documented performance concerns. The Court dismissed claims about flexible work, carer’s leave, and adverse action, highlighting consistent treatment of other carers, service-length limits, correct NES carer’s leave scope, and the importance of contemporaneous performance documentation.
00:00 Flexible Work Requests Rise
01:14 Podcast Welcome Disclaimer
02:20 Who Can Request Flexibility
03:36 New Employer Process Rules
05:42 Talaugon v Alight Story
08:32 Court Findings Explained
11:18 Six-Step Employer Checklist
15:09 Wrap Up Resources Next Steps
https://www.businessknowhow.com.au/blog/flexibleworking_0526
