Daniel Petzer v X-Press Graph-X Pty Ltd

Case

[2024] FWC 1693

27 JUNE 2024


[2024] FWC 1693

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.65B - Application for a dispute about requests for flexible work arrangements

Daniel Petzer
v

X-Press Graph-X Pty Ltd

(C2024/3634)

DEPUTY PRESIDENT COLMAN

MELBOURNE, 27 JUNE 2024

Request for flexible working arrangements – decision to express an opinion

  1. Following a conference this morning, and in the course of dealing with a dispute under s 65B by means other than arbitration (see s 65B(4)(a)), I decided to express to the parties an opinion, which was that the respondent appeared to me to have reasonable business grounds for refusing the changes sought by the applicant. In essence, I formed this opinion because the respondent is a small family business, the applicant is its warehouse manager, and the changes sought would mean that the respondent would be without its manager at the start of shift three days a week every second week. Other employees could not reasonably cover the applicant’s absence. And although the alternative childcare arrangements available to the applicant are inconvenient and involve some expense, they do not appear to be unreasonable. I suggested certain further steps that the parties may wish to take to resolve the matter. I will close the file in two weeks.


DEPUTY PRESIDENT

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