71 - Dealing with flexible working arrangement requests

Flexible Work Requests Under Australia’s Fair Work Act: Lessons from Talaugon v Alight (2025) Melissa Bush explains how flexible work requests under s65 of the Fair Work Act became a tightly regulated process after mid‑2023 reforms, requiring genuine discussion, attempts to reach alternatives, consideration of refusal consequences, and a detailed written response within 21 days, with disputes now able to go to the Fair Work Commission. She reviews the Federal Court case Talaugon v Alight (2025), where a contracts officer and primary carer sought a split-shift, largely work-from-home arrangement; the employer engaged through a formal policy, ultimately refused the proposal on efficiency/productivity and customer service grounds, offered an alternative that was accepted, and later terminated employment amid documented performance concerns. The Court dismissed claims about flexible work, carer’s leave, and adverse action, highlighting consistent treatment of other carers, service-length limits, correct NES carer’s leave scope, and the importance of contemporaneous performance documentation. 00:00 Flexible Work Requests Rise 01:14 Podcast Welcome Disclaimer 02:20 Who Can Request Flexibility 03:36 New Employer Process Rules 05:42 Talaugon v Alight Story 08:32 Court Findings Explained 11:18 Six-Step Employer Checklist 15:09 Wrap Up Resources Next Steps https://www.businessknowhow.com.au/blog/flexibleworking_0526 https://www.fairwork.gov.au/employment-conditions/flexibility-in-the-workplace/flexible-working-arra...