b'CASE LAWFLEXIBLE WORKKelly Foster v National Australia Bank [2025] FWC 959 (7 April 2025)What happened: An employee at NAB requested a flexible work arrangement to support her own mental health and carefor her daughter, who also has a mental illness. The arrangement, approved in December 2024, allowedher to work from home most of the time, attend her local branch one day a week, and the Brisbane officeonce a month. Her manager supported the request, noting it wouldnt impact the business and even improved her productivity.However, in February 2025, NAB ended the arrangement, citing swipe card data suggesting she hadntmet the requirement to attend the Brisbane office monthly. The employee disputed this and took thematter to the Fair Work Commission under the Fair Work Act\'s flexible work provisions.Outcome: The Fair Work Commission dismissed theemployee\'s dispute. Deputy President Lake found that because NAB hadapproved the flexible working arrangement, therewas no "refusal" to trigger the Commissionsjurisdiction under section 65B of the Fair Work Act.He stated that a granted request cannot beconsidered refused, and section 65B only applieswhen a request is denied.DP Lake also clarified that while employees have theright to request flexible work, they dont have aguaranteed right to have it approvedor to keep it Practical Implementation/Learnings: indefinitely once approved. Employers are allowed 1.Approved Flexible Work Arrangements canto terminate such arrangements early, especially if be revokedOnce an employer grants athe employee doesnt meet the agreed terms. flexible work request, it may still retain theright to terminate the arrangement,The Legislation:especially if the employee fails to meet itsSection 65 and Section 65B of the Fair Work Act 2009. agreed conditions.2.FWC Jurisdiction is limitedThe Fair WorkKey points: Commission can only deal with disputesSection 65: Gives eligible employees (e.g. carers, about refusals of flexible work requestsover 55\'s, those with disabilities) the right to under s65B. If an arrangement is alreadyrequest flexible working arrangements. Employers approved and later cancelled, s65B cannotmust respond in writing within 21 days and can be used to contest the cancellation.only refuse on reasonable business grounds. 3.No ongoing right to flexibilityEmployeesSection 65B: Allows employees to take a dispute do not have a legislated right for flexibleabout a refused flexible work request to the Fair work arrangements to continue indefinitely,Work Commission. even if they are initially approved.4.Documentation and compliance matter Employers should clearly outlineexpectations in writing when grantingFWAs. Employees must ensure they complywith agreed terms to avoid losing thearrangement.Page | 22 IR Update July 2025'