Are you a working parent that requires flexible working arrangements to care for your children? If flexible working arrangements for parental responsibilities are currently being denied by your employer, the recent Fair Work Commission decision may apply to you.
The Fair Work Commission Full Bench has dismissed an appeal by Paper Australia Pty Ltd (trading as Opal Australian Paper) against a decision requiring the company to grant a flexible working arrangement request made by a long-serving employee Anthony May. The case, Paper Australia Pty Ltd v Anthony May [2025] FWCFB 224, has drawn attention to the interaction between enterprise agreements and the National Employment Standards (NES) under the Fair Work Act 2009 (Cth).
Anthony May, employed by Paper Australia since 1985, sought a flexible working arrangement to accommodate his parental responsibilities. Specifically, he requested to adjust his Thursday work hours to facilitate school pick-ups and extracurricular activities for his children. While Mr May had been working under similar flexible arrangements since 2011, Paper Australia ceased these arrangements in 2024, citing non-compliance with the enterprise agreement.
Mr May’s formal request under Section 65 of the Fair Work Act 2009 was denied by Paper Australia on the grounds that the enterprise agreement did not allow for individual roster changes. The company proposed an alternative arrangement, which Mr May declined. Following unsuccessful workplace discussions, the matter was referred to the Fair Work Commission, where Commissioner Yilmaz ruled in favour of Mr May, finding that the refusal was not based on reasonable business grounds.
Paper Australia appealed the decision, arguing that:
The Full Bench, comprised of Vice President Gibian, Deputy President Masson, and Deputy President Farouque, dismissed all three grounds of appeal. Key findings included:
This decision highlights that the NES has priority over enterprise agreements in matters of flexible working arrangements. Employers must ensure that their refusal of such requests is based on genuine and demonstrable business grounds, rather than mere compliance with enterprise agreement terms. The ruling also highlights the Fair Work Commission’s strengthened powers to arbitrate disputes and enforce compliance with the NES.
Full-time or part-time employees who have worked with the same employer for at least 12 months and are a:
Casual employees can also request the flexible working arrangement, if they meet one of the above criteria and have been working with the same employer on a regular basis for at least 12 months and it is reasonably likely that they will continue working with this employer on a regular systematic basis.
If your employer has denied your flexible working arrangements request, Foye Legal can do the following to assist you:
The Fair Work Commission can hear disputes about flexible working arrangement requests, if your employer refuses the request or does not respond to the request within 21 days.
The Federal Court decision reinforces the importance of balancing workplace operational requirements with employees’ rights to flexible working arrangements, particularly in circumstances involving parental or caregiving responsibilities.
If your employer has denied your flexible working arrangement request or has not responded within 21 days, Foye Legal can assist.
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