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Employers need more than 'generic HR statements' to refuse flex requests

"Generic and blanket HR answers" aren't sufficient alone to establish that an employer has reasonable business grounds to refuse a flexible working arrangement request, the Fair Work Commission has ruled.

Deputy President Nicholas Lake made the statement while finding FedEx hadn't established grounds to refuse an employee's request to work exclusively from home. (In that case, reported in more detail here, he nonetheless issued an order requiring the employee to return to the office one day per week.)

Looking specifically at what constitutes reasonable business grounds for refusing a flexible working arrangement (FWA) request, Deputy President Lake said: "Although the legislation does not limit what reasonable business grounds mean, the interpretation and wording of this provision seems to require the employer to demonstrate a likely detriment to the business if they wish to refuse a flexible working arrangement...

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