Oct 1, 2026 · @Christine
Yes, you can refuse a flexible work request on safety grounds, provided your reasons are genuine, sound and well documented. A recent Fair Work Commission decision has made that clearer than ever.
Flexible work requests are now a regular part of managing a team. Under s 65A and s 65B of the Fair Work Act 2009 (Cth) (FW Act), eligible employees have the right to request flexible working arrangements. That right is to make a request, not to have every request approved. An employer may refuse where it has “reasonable business grounds” to do so.
The case at a glance
In Mathews v Greater Shepparton City Council [2026] FWC 3351, staff at the Council’s Visitor Information Centre had faced aggressive and threatening behaviour from members of the public. The Council reviewed how the centre operated. After concerns were raised by employees and the union, it introduced a rule that two employees must be on site whenever the centre was open.
One employee asked to work part of her Sunday shift from home, before the centre opened and after it closed. The Council declined, pointing to its operational requirements and its safety concerns. The employee took the matter to the Commission.
What the Commission decided
The key question was whether the Council had reasonable business grounds to refuse the request under s 65A(3)(d) of the FW Act. This includes where the proposed arrangement would have a significant impact on business operations.
Deputy President Farouque applied the Full Bench decision in Paper Australia v May [2025] FWCFB 224. That decision says “reasonable business grounds” take their ordinary meaning. The employer’s justification must be rational, sound and connected to the operational requirements of its business.
The Council relied on two grounds, and the Commission accepted both:
- Rostering to operating hours. The Commission found it “entirely reasonable” for a public-facing facility to roster staff in line with its opening hours. Working remotely outside those hours would weaken the link between staffing and service delivery.
- The two-person safety rule. The Commission accepted this as a legitimate safety measure, prompted by past incidents of aggressive and threatening behaviour. As DP Farouque put it: “It seems reasonable for the respondent to assess that having two people present at a public access facility at all times is consistent with the maintenance of employee health and safety.”
Notably, the Council did not have to prove another incident was likely. It was entitled to act proactively to reduce a workplace risk it had already identified. The employee’s personal preference for different hours did not outweigh those operational and safety reasons.
What this means for your business
Flexible work rights are important, but they are not absolute. When an employer can show a genuine operational or safety concern, the Commission is unlikely to second-guess a sensible business decision.
The flip side matters just as much. A refusal only holds up if the reasons behind it are real, explained and backed by evidence. A blanket “no” without that groundwork leaves you exposed.
Four steps to get it right
- Keep your risk assessments current. Document any work health and safety (WHS) concerns as they arise, with contemporaneous evidence such as incident reports.
- Consult genuinely. Talk with the employee, consider their request properly and explore whether an alternative could work.
- Spell out the impact. Explain clearly, in writing, the operational, safety or business effects the requested arrangement would have.
- Keep a clear paper trail. Record each step of your decision-making, including the business rationale for any refusal.
Where WHS concerns are genuine and tied to operational requirements, they may amount to reasonable business grounds for refusing a flexible work request under s 65A of the Fair Work Act.
How Imperium can help
Handling a flexible work request well protects both your people and your business. Whether you are weighing up a request now or want a clear process in place before the next one lands, Imperium Corporate Services can help. We review requests, support WHS risk documentation, draft compliant written responses and build flexible work policies that suit your operations.
Get in touch with our team for practical, tailored advice.
This article is a general guide only and does not constitute legal advice. Please seek advice specific to your circumstances. It discusses the Fair Work Commission decision in Mathews v Greater Shepparton City Council [2026] FWC 3351, with reference to commentary published on Mondaq.
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