Did you consider your husband requesting an FWA to start later?
How does the act handle two parents responsibilities to care for children, surely both could apply rather than one employer wear the whole burden of catering for one parent when it could be shared across two.

This is an interesting description. On that face of it, no, an employer can’t do that. And if you described it that way to the ombudsman, then that’s why they gave you the advice they did. They only got half the story, or perhaps the story to the best of your knowledge, and presented you an answer based on that. The fact that it went to hearing, where all the evidence came out and the decision went the other way means that the employer did have legal grounds to do what they wanted. You’re focused on the wrong thing here. This isn’t anything to do with you personally (as hard as that is to hear). It’s not “siding”, it’s a matter of law. That’s important to remember for next time, Tom.

Normally, as a matter of course, it is not possible to change a contractual arrangement without consent of both parties. That’s standard contract common law in Australia. If that had been what happened, the FWC would have agreed with your position. Anything else exposes it to appeal, and on something so obvious as that, an easy appeal. So something in your contract, or your EBA if you had one, allowed BP to do what it did. Something that by signing your contract, you agreed with. Find out what that was, and make sure your next contract doesn’t have it.

Hi Claire. Yes, you are correct. Apologies. This has now been added in. Thanks!