Employees may make a request for a flexible working arrangement in accordance with s39F and s39G of the Minimum Conditions of Employment Act 1993 (WA), which must be dealt with and determined in accordance with Part 4A of that Act.

Clause 51 of the Public Sector CSA Agreement 2022 creates an enforceable entitlement in employees to a working-from-home arrangement, and there exists a reverse onus where an employee's entitlement exists as an enforceable right unless an employer establishes reasonable business grounds for refusal.

An employer has a right to decide where its work is performed; so long as the employer's decisions are not unlawfully discriminatory, while the employer should give consideration to requests to work from home, it does not have to accede to them.

Guidelines and policies permitting temporary remote work arrangements in exceptional circumstances are discretionary, not mandatory, and an employer is not obliged to incur extra costs to accommodate such arrangements.

Rest Days entitlements are intended to be available to a police officer at their election and at the time nominated by them for short breaks from duty, and this is to be distinguished from traditional annual leave which must be rostered well in advance.

The words 'initial roster' in a contract clause reasonably interpreted by a reasonable person means the roster may change.

The language 'includes but is not limited to' in a flexibility clause means the employee is required to remain flexible beyond those circumstances specifically listed, allowing the respondent to change the roster in circumstances outside those outlined.

Guidelines permitting remote working are discretionary, not mandatory; vaccination requirements apply regardless of whether an employee works from home; an employer is not required to balance only the employee's interests but must consider operational requirements, leave liability, and fairness to other employees.