s.65B - Application for a dispute about requests for flexible work arrangements

Application to deal with a dispute about the right to request for flexible working arrangements - jurisdictional objection - applicant no longer an employee - application dismissed.

• [1] On 8 October 2025, Prazin Karki lodged an to deal with a dispute about the right to request for flexible working arrangements pursuant to s.65B of the Fair Work Act 2009 (the Act). The Respondent to this application is Liberty Financial Pty Ltd.

• [2] The Applicant's application was allocated to my Chambers for determination on 9 October 2025. On 14th October, I issued directions for the parties to attend a conciliation conference to progress the matter, to be held on 10th November, and for the |Respondent to file a summary of its position in response.

• [3] On Wednesday 15th October, the Respondent advised my Chambers that the Applicant had resigned from their employment with the Respondent on 9th October 2025 and was no longer an employee. The Respondent indicated that as the Applicant was no longer an employee their application should be withdrawn or dismissed.

• [4] The same day, my Chambers wrote to the Applicant making them aware of the Respondent's position and sought confirmation of their resignation. The Applicant was also advised of my preliminary view that if they were no longer an employee the Commission would not have jurisdiction to deal with their application and sought their response, to be provided by close of business on Monday, October 20th.

• [5] The Applicant did not contact my Chambers within the required time or make any subsequent attempt to contact the Commission. To this date, no communication has been received by the Applicant since their application was lodged.

• [6] Section 65(1A) sets out the circumstances in which an employee may request for flexible working arrangements.

• [7] For the purposes of the FW Act, the terms "employee" and "employer" are taken to have their ordinary meaning. The means by which the ordinary meaning of the terms "employer" and "employee" are to be determined for the purposes of the FW Act are set out in s.15AA.

• [8] The evidence in this matter is that the Applicant is no longer an employee of the Respondent. This evidence is uncontested. The Applicant has taken no steps to suggest otherwise, despite being provided the opportunity to do so.

• [9] On this basis, I am satisfied the Applicant is no longer an employee of the Respondent. I am further satisfied that, consequently, the Commission does not have jurisdiction to consider this application any further.

• [10] For these reasons, this application is dismissed.

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