A recent Fair Work Commission (FWC) decision has highlighted the importance of taking flexible work requests from your employees seriously and how to respond correctly.
This case involved a teacher, Elizabeth Naden, who requested to return from parental leave on reduced hours. Naden was employed as a Religious Education Coordinator (REC) with Catholic Schools Broken Bay five days a week before taking parental leave.
Her role, which she started in 2023, included a leadership position and classroom teaching duties. While on parental leave, she submitted a flexible work arrangement request, to work three days a week for the first two terms of 2025. The reason? Limited childcare options.
The school considered the request but ultimately could not support it with her leadership role, citing concerns about student learning, increased costs, added pressure on other staff and the need for consistent leadership across the school week. The school offered her a temporary part-time classroom teaching role instead with the option to return to the REC position later in the year.
Unhappy with the outcome, Naden filed a dispute with the Fair Work Commission (FWC).
In making the decision, the FWC said the school had:
While not every concern raised by the school was accepted, the FWC said part-time coverage for the REC role would have disrupted student learning, required more teaching resources and weakened school leadership.
Therefore, the dispute was dismissed.
The case is a timely reminder for employers – especially with legislation changes – to:
Dealing with flexible work requests can be tricky. CCIWA strongly recommends contacting the Employee Relations Helpline on 08 (9365 7660) or via advice@cciwa.com before taking any action.
CCIWA, Business Law WA and REEFWA has taken all reasonable care in preparing this document. The contents of this document do not constitute legal advice and should not be relied upon as such. Specific advice for your situation should be sought from CCIWA, Business Law WA or a professional adviser before any action is taken. Neither REEFWA, CCIWA nor Business Law WA accept responsibility for any claim that arises from any person acting or refraining from acting on the information contained in this document.
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