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An employer that offered its vacant weekend shifts on a 'first come, first served' basis must now give priority to an employee with a newborn baby, after he disputed its refusal of his flexible work request.

The part-time aged care employee had worked only on weekends for the past 10 years at St Basil's Kensington facility, as he worked Monday to Friday with a different employer.

Earlier this year, the employer announced it was closing the Kensington facility, and asked the employee if he was interested in working at a different site. The employee responded that he was keen to work at the Lakemba facility, but was only available on weekends...