An employee has requested to work her same hours but spread over 4 days instead of her usual 5 days. This employee does not have any protected attributes. We don’t wish to approve this request as it will have ramifications of inequity for other staff, it will reduce customer satisfaction and we will also require backfill/cover by other staff. Are there any legal issues we need to be aware of by refusing her request?
As you seem to be indicating that the employee in question does not meet any of the circumstances listed in s 65(1A) of the Fair Work Act 2009 (Cth) that would entitle them to make a request for a flexible work arrangement, you are not required to entertain any such request. This is subject to any applicable discrimination laws or other general protections that may apply to the employee’s particular circumstances.