The Fair Work Commission (FWC) recently held that the Chief Commissioner of Police T/A Victoria Police (Victoria Police) had reasonable business grounds to refuse an employee’s request for flexible working arrangements.
The Police Federation of Australia (Victoria Police Branch) (TPAV) raised a dispute under the Victoria Police Enterprise Agreement 2019, regarding a refused request for flexible working arrangements on behalf of its member, First Constable S. Azmi (FC Azmi). The FWC upheld Victoria Police’s refusal to the request on the basis that operations in FC Azmi’s particular area of command were experiencing significant staff shortages.
Background
FC Azmi has been employed by Victoria Police since 2015 in the position of First Constable. Shortly before April 2021, FC Azmi worked as a Protective Services Officer on a flexible work roster, based on 10-hour shifts, 4 days a week.
Understanding Reasonable Business Grounds in Employer Decision Making
Victoria Police stated in general terms that FC Azmi’s request was denied “due to the required balance of [his] needs against the operational and business needs of the workforce”.
Operational and Business Considerations
In relation to the operational and business needs, Victoria Police noted as follows:
- there were 32 full time positions in the Transit South;
- of the funded positions, there were possibly 1 or 2 vacancies at the time;
- at any given time there are around 17% of officers unavailable due to various forms of leave; and
- due to those and other restraints, the actual availability of the full-time employees within Transit South at the time was only 14.
FC Azmi arguments
FC Azmi (amongst other matters) argued that there were no reasonable business grounds for the refusal, highlighting that:
- there were sufficient resources to perform any needed van shifts and the loss of two shifts caused by a roster change to his work pattern would make no difference to that outcome; and
- the loss of two shifts that would be caused by the changed roster pattern would have a small adverse impact on any relevant matter.
The FWC considered the operational impact of FC Azmi’s request given Victoria Police’s contention that it was experiencing “chronic staff shortages”. Deputy President Bell of the FWC stated:
“I do not accept TPAV’s case that there existed sufficient resources to perform the requisite number of “van shifts”. The assumptions underlying the arithmetic concerning that issue are not reflected by the evidence of each witness called by Victoria Police. That evidence, which I accept, showed that there were clear shortfalls in available staffing levels, which were not merely transitory and were also well in excess of typical absences.”
The FWC was satisfied that, in acceding to FC Azmi’s request, it would result in him being unavailable to perform sufficiently productive work for up to two hours per shift. The FWC concluded that Victoria Police had established reasonable business grounds to refuse FC Azmi’s request. A copy of the decision can be accessed here.
Key takeaways
While there is now a growing demand for workplace flexibility, operational and business impacts are still the fundamental factor when considering an employee’s request for flexible work arrangements.
It is important to note that while an employer can refuse a flexible working arrangement request for reasonable business grounds, they must provide a clear explanation of the reasons for the refusal and demonstrate that they have given serious consideration to the request.
This may involve gathering information and data about the employee’s job requirements, the impact of the proposed arrangement on the business and other employees, and any legal or policy requirements that may apply.
National Employment & Labour Lawyers have a dedicated team who can assist you with any flexible working request questions. We offer a free and confidential initial consultation, where we can discuss your situation and provide you with tailored advice. Get in touch with us today!
Related articles:
- We encourage employers to refer to our article on Flexible Working Requests for more information about their obligations under the Fair Work Act 2009 (Cth).
Disclaimer: The information contained in this
article is of a general nature and is not intended to be relied upon as, nor to
be a substitute for, specific legal or professional advice.
