Navigating Flexible Work Requests: Key Insights from the Ridings v FedEx Decision

The landscape of flexible working arrangements continues to evolve, especially as employers grapple with requests to work from home. The Fair Work Commission (FWC) decision in Ridings v FedEx Express Australia Pty Ltd [2024] FWC 1845 offers important insight into how employers should handle such requests. This decision calls attention to the need for employers to provide specific, substantiated reasons when refusing flexible work arrangements, rather than relying on generic claims about productivity.

The Case Overview

Peter Ridings, a Clearance Classifier at FedEx, had been working from home during the COVID-19 pandemic. When FedEx shifted to a hybrid working model, requiring employees to attend the office part-time, Mr. Ridings requested further flexibility due to his carer responsibilities. His request to work only one day per week in the office was refused, prompting him to file a dispute with the Fair Work Commission.

FedEx cited business and operational requirements, including concerns about in-person collaboration and productivity, as reasons for denying the request. Ultimately, the FWC ruled that while FedEx had genuine reasons for wanting in-person work, it had not sufficiently justified the refusal of Mr. Ridings’ request.

Key Issues Addressed in the Decision

Validity of Flexible Work Requests
Under the Fair Work Act 2009 (FW Act), employees with over 12 months of service who have caregiving responsibilities can submit a formal request for flexible work arrangements. The FWC confirmed that Mr. Ridings’ request met these criteria. However, the request alone does not guarantee approval—employers are entitled to consider business needs and refuse requests on reasonable grounds.

Business Grounds for Refusal
FedEx argued that working remotely would reduce efficiency and harm collaboration. However, the FWC found that generic assertions about productivity are not enough. Employers must present clear, evidence-based reasons for their refusal, such as a documented decline in performance or issues with communication. Without specific examples, blanket statements about the advantages of in-office work may not hold up.

Lawful and Reasonable Directions
The decision clarified that employees must comply with lawful directions regarding attendance until their flexible work request is approved or an order is issued. In this case, Mr. Ridings had refused to attend the office as directed, pending the FWC’s decision, which the Deputy President deemed inappropriate.

Key Takeaways for Employers

When responding to flexible work requests, Employers should remember the following:

Substantiate Refusals: Provide clear, specific reasons when refusing a flexible work request. Vague references to “productivity” will not suffice without supporting evidence.

A couple of questions to ask are:

What is it about the business and its operations that will result in productivity concerns?

How is productivity currently measured, and how can it be measured with remote work?

Engage in Good Faith Discussions
Genuinely engage with employees to explore alternatives and gather any necessary information before making a decision.

Lawful Directions Matter
Employees are required to follow the employer’s lawful and reasonable directions while a flexible work request is being processed, unless an agreement or Commission order is in place.

Consider Employee Wellbeing
Remote work may have unintended effects on employee mental health and productivity. It’s essential to assess whether ongoing flexibility is suitable for both the employee and the business.

Why Flexible Work Requests Matter

Properly managing flexible work requests helps avoid legal disputes and supports a positive workplace. Employers should provide clear reasons for any refusals and engage in meaningful discussions to balance employee well-being with business needs.

IRiQ Law offers tailored strategies for managing flexible work requests. Our multidisciplinary team helps employers develop strategies that meet legal requirements and support business goals. From policy development to dispute resolution, we provide the support needed to handle flexible work requests confidently and compliantly.

Need help with flexible work requests? Contact IRiQ Law today for expert guidance.