CASE YOU NEED TO KNOW ABOUT
Flexible Work Request Comes Up Against a $780,000 Problem
The Fair Work Commission has rejected a mine worker’s request for permanent day shifts and shorter hours after parental leave, accepting the employer had reasonable business grounds to refuse it.
A key factor was the evidence of business impact. Based on the price of coal, the 16 lost shifts resulted in deferred potential revenue of approximately $780,000. There were also broader operational and safety concerns.
Take Out Point: Even where caring responsibilities are genuine, a flexible work request can still be refused if the employer can show real cost, safety or operational consequences.
See: Vanessa Duncan v Coal & Allied Mining Services Pty Ltd – [2026] FWC 1427