Patricia Utai v Melton City Council

[2024] FWC 3506

[2024] FWC 3506

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

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

Patricia Utai
v

Melton City Council

(C2024/6387)

COMMISSIONER MIRABELLA MELBOURNE, 16 DECEMBER 2024

Application to deal with a dispute about the right to request a flexible working arrangement

1. On 11 September 2024, Ms Utai made an application (Application) to resolve a dispute with the Melton City Council about a flexible working arrangement under s 65B of the Fair Work Act 2009 (the Act).

1. Ms Utai was dismissed by the Melton City Council on 2 December 2024.

1. Section 65B applies to a dispute between an employer and an employee. The consequence of termination is that Ms Utai is no longer an employee of the Melton City Council. There is no employment for which a flexible working arrangement can be requested. Accordingly, the Commission could not make orders in this matter and for that reason Ms. Utai’s Application has no reasonable prospect of success.[1]

1. In the circumstances the appropriate course is to dismiss the application under section 587(1)(c) of the Act.

1. The application is dismissed.

COMMISSIONER

[1] Shaw v Australian and New Zealand Banking Group Limited & Anor [2024] FWC 3408.

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