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Section : Can a refusal of a request be challenged?
Domain : Human Resource Management
Classification : Not Identified

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In the first instance, the employer and employee should discuss and attempt to resolve any disputes about a request for flexible working arrangements at the workplace level. If a dispute can't be resolved at the workplace level, either the employee or employer can make an application to the Fair Work Commission (the Commission) if:

  •  the employer has refused the request, or
  •  21 days have passed since the employee made the request, and the employer has not given the employee a written response. The Commission can deal with the dispute in a number of ways, including by conciliation or mediation, and in some circumstances by arbitration. If the Commission arbitrates the dispute, it has power to make orders in relation to the request or refusal, and orders that the employer make alternative working arrangements. Both the employer and employee may appoint someone as their representative to assist with the dispute resolution process. For more information visit the Fair Work Commission website at fwc.gov.au/issues-we-help If an employee thinks they have been discriminated against by the employer's handling or refusal of their request, they may be covered by anti-discrimination laws.

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