In the modern, digitally enabled business environment, flexible work arrangements have become an important part of employment practices. For employers in Queensland, determining how flexible arrangements can be made available in their workplace is important for attracting and retaining employees, and avoiding legal challenges. Flexible work doesn’t only refer to remote work, it also encompasses a variety of options that cater to both frontline and non-frontline employees. To successfully implement flexible work practices, employers must adopt a whole-of-organisation approach, ensuring these arrangements meet the needs of employees, teams, and the business as a whole.

The Fair Work Commission (FWC) recently ruled in favour of an employee in a flexible work dispute that serves as a timely reminder for business. The case, Kent Aoyama v FLSA Holdings Pty Ltd (2025), assessed the merits of the denial by the employer, of a request for flexible working arrangements due to parental responsibilities by the employee. 

Flexible working request: A compelling Fair Work case

Kent Aoyama, an Account Manager at FLSA, had been working from home two days a week since mid-2023. After his wife changed jobs in 2024, he formally requested additional flexibility to balance childcare responsibilities without placing their young daughter in childcare until she turned two. 

His proposed schedule involved alternating Mondays between the office and work from home, Tuesdays and Thursdays working remotely from a co-working space with on-site nannies (Bubbadesk), Wednesdays reserved for client meetings, and Fridays in the office.

FLSA Holdings refused the request, citing: 

• Customer responsiveness concerns,
• Customer and supplier complaints regarding distractions,
• HI employment contract required him to work in the North Sydney office, and 
• Potential precedent-setting within the business. 

Instead, FLSA offered a trial arrangement of two work-from-home days per week for six months. 

The Fair Work Commission’s decision

The FWC disagreed with FLSA’s refusal, finding: 

• The flexible work request was valid under the Fair Work Act, meeting all legislative requirements,
• FLSA failed to provide substantial evidence of customer complaints or productivity issues directly linked to Aoyama’s remote work, and
• FLSA did not provided sufficient evidence that there would be any material impact on business productivity or customer service expectations, in accommodating the employee’s requested arrangements.  

The Commission ordered FLSA to approve Aoyama’s original request, allowing the arrangement until July 2025 when his daughter turns two. 

Key takeaways for employers

Know your responsibilities

Employees with parental responsibilities of a child who is school aged or younger, have the right to request flexible working arrangements under the Fair Work Act. Refusal must be based on reasonable business grounds, with clear, documented evidence. 

Appropriately manage requests   

When reviewing a request for flexible work arrangements employers should genuinely consider the request, engage in meaningful discussion and provide clear reasons and substantial reasoning if the flexible work arrangement is rejected.  

Document customer feedback 

If customer or client concerns influence your decision to reject a request for flexible working arrangements, obtain written, detailed complaints. This case shows that undocumented hearsay will hold little weight before the Commission.

Avoid blanket policies 

Each flexible work request must be assessed individually. A one-size-fits-all approach, or fear of setting a precedent, is not a valid reason to refuse a request. The Commissioner made it very clear that the purpose of flexible working arrangements is to accommodate the circumstances of individual employees, if the employer is in a position to do so.  

How can Business Chamber Queensland help? 

Managing flexible work requests can be complex, especially when balancing business operations, employee wellbeing, and compliance with the Fair Work Act. Our team of HR experts is here to support Queensland businesses with: 

• Policy development: We help you create clear, legally compliant flexible work policies tailored to your business needs.
• Case-by-case assessments: We assist in reviewing individual requests, evaluating business impacts, and preparing well-documented responses aligned with Fair Work obligations.
• Training for managers: We equip your leaders with the knowledge and confidence to handle flexible work discussions and decisions professionally and fairly.
• Dispute resolution support: If a disagreement arises, we guide you through the process, including mediation or representing your business in Fair Work matters.
• Ongoing Advice: We keep you up to date with changes to employment laws and best practices for managing remote and hybrid teams. 

Our goal is to help you build a flexible, compliant, and productive workplace that supports both your business and your people. Contact us today to find out how we can assist.