1 min read

The ‘why not?’ approach to flexible work arrangement requests

The Case

Natasha Fyfe v Ambulance Victoria (2023)

Ambulance Victoria employed Ms Fyfe as a paramedic. Ms Fyfe requested a flexible work arrangement: commencing nightshift at 9pm instead of 6pm, and finishing at 6am instead of 8am. This would enable Ms Fyfe to look after her children while her husband was at work.

Ambulance Victoria rejected Ms Fyfe’s request on what it claimed were reasonable business grounds. Namely, that the requested shift arrangement did not exist, and that Ambulance Victoria was not in a position to alter shift times. After going through an internal dispute process with Ambulance Victoria, Ms Fyfe applied to the Fair Work Commission (FWC) to deal with the dispute under section 739 of the Fair Work Act 2009 (Cth) (FW Act).

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