In the workplace employers will be faced with employees who find themselves in unique circumstances, which may require flexible working arrangement. The Fair Work Act 2009 (Cth) (FWA) gives eligible employees the right to request flexible working arrangements for a variety of reasons which employers must genuinely consider.
While employers are required to respond within 21 days, a request can be refused where the employer has reasonable business grounds for doing so, including where the arrangement would be impractical, cause significant loss of efficiency or productivity or where it would be unreasonable to accommodate the request in the circumstances.
Recent case:
The recent Fair Work Commission (The Commission) decision in the case of Robinson v Australian Financial Complaints Authority Limited [2026] FWC 2720 (9 July 2026) provides a useful reminder that workplace attendance may be an important business requirement in some circumstances.
This matter concerned an employee seeking a 100% work-from-home arrangement that the employer refused based on reasonable business grounds, stating the importance of ‘face to face connection and a chance to foster engagement and collaboration in his team’.
The Commission accepted the employers position. It found that face-to-face interaction connections can provide legitimate business benefits that were not merely matters of managerial preference but formed part of the employer’s operational requirements and workplace culture. As a result, the employer’s desire to maintain regular in-person engagement could constitute a reasonable business ground for refusal.
Key take aways for employers:
If you have any questions or need further guidance, please don’t hesitate to contact our Workplace Relations Team:
📞 (02) 6175 5900
📧 workplace@mba.org.au
