Australian Municipal, Administrative, Clerical and Services Union v Brimbank City Council

The case before the Fair Work Commission (FWC) involved the Australian Municipal, Administrative, Clerical and Services Union (AMWU) and Brimbank City Council. The union represented employees who sought to have one day off per fortnight recognised as an ongoing flexible working arrangement under the terms of their employment. The council denied this request, leading to a formal dispute being raised by the AMWU. The FWC was tasked with determining whether the council's refusal to recognise the one day off per fortnight as a flexible working arrangement was lawful under the applicable industrial instruments and relevant legislation.

The primary legal issues before the FWC were whether the employees' request for an ongoing flexible working arrangement was reasonable and whether the council's refusal to grant this arrangement was justified under the Fair Work Act 2009. The AMWU argued that the one day off per fortnight was a reasonable request that would not unduly impact the council's operations and would benefit employee work-life balance. The council, on the other hand, contended that accommodating such an arrangement would lead to operational difficulties, including potential service disruptions and increased costs.

In its decision, the FWC considered the evidence presented by both parties regarding the operational impact of the proposed arrangement and the reasonable nature of the request. The FWC found that while the one day off per fortnight might benefit employee well-being, the council's concerns about operational disruptions and increased costs were valid. The FWC concluded that the council's refusal to grant the arrangement was reasonable given the potential negative impact on service delivery and financial implications. Consequently, the FWC dismissed the AMWU's claim.