Standing Up for Flexibility: A Win for Working Mothers Under the Fair Work Act
In a significant decision for working parents across the country, the Fair Work Commission (FWC) Full Bench has upheld the rights of IEU member Elizabeth Naden (a teacher returning from maternity leave) to access flexible work arrangements — reaffirming the strengthened protections under the Fair Work Act 2009.
Ms Naden, an executive teacher with Catholic Schools Broken Bay (New South Wales), had sought to return to her leadership role part-time after the birth of her child. Despite her clear legal right to request flexibility – and her proposal being supported by detailed care arrangements and a temporary job-share plan – her employer refused to accommodate the request unless she relinquished her executive duties entirely until she resumed full-time work.
The initial decision of Commissioner Matheson ([2025] FWC 317) sided with the employer. However, the IEU supported an appeal to the Full Bench. In a strong and clear rebuke ([2025] FWCFB 82), the Full Bench found the employer had failed to consider the consequences of refusal for the employee, as required by section 65A(3)(c) of the Act, and had not genuinely tried to reach an agreement. The appeal was upheld, the refusal overturned, and Ms Naden was granted the right to return part-time in her executive position for Term 2 of 2025.
This case sits in the context of recent reforms introduced by the Secure Jobs, Better Pay amendments, which took effect in June 2023. As outlined in a recent presentation by Nick Sahlqvist, Assistant Secretary of Independent Education Union Australia-Queensland/Northern Territory Branch (IEUA-QNT), these changes impose stricter duties on employers: they must genuinely consult, explain any refusal with specificity, and consider the worker’s circumstances in good faith. They can no longer simply say “no” — they must try to say “yes” where possible.
Sahlqvist’s data revealed that the Queensland branch alone supported over 230 flexible work requests between 2022–2024, highlighting how critical these rights are in a highly feminised profession. This case reinforces that those rights are real — and enforceable.
IEU members should be proud. With the union’s advocacy, Ms Naden’s case has helped set a national precedent that will support many others who seek to return to work in a way that balances care responsibilities and career.
If you have any questions or need assistance regarding return to work, speak with your IEU Organiser – 8410 0122 or enquiries@ieusa.org.au
