From 1 January 2010, the National Employment Standards (NES) replace the non-pay rate provisions of the Australian Fair Pay and Conditions Standard (the Standard).

Under the NES, you can make a request to your employer for flexible working arrangements. These arrangements include changes in work hours, patterns and/or location.

Who is eligible for flexible hours?

You can only do this if you’re a parent or carer of a child under school age, or of a child under 18 with a disability. You should also have been in continuous service with your employer for a minimum of 12 months. Casual employees should check their eligibility.

How do I request flexible hours?

The request must be in writing. In your request, you must set out details of the change sought and reasons for the change.

In general terms, it’s recommended you:

• explain your situation and your needs clearly
• think about the needs of the business and suggest ways to make it easier for your employer to accommodate your request
• identify ways your proposal could help the business
• get your colleagues’ input and suggestions
• keep your proposal realistic and workable for everyone.

What happens if my employer doesn’t agree?

Once the employer has received your request, they have 21 days to reply. A refusal can be given on reasonable business grounds and the reply must give these reasons in writing.

However, if the request isn’t approved, employees and employers are encouraged to discuss the request with each other with a view to reaching a mutually-satisfactory compromise.

If your agreement or contract of employment or other written agreement allows it, Fair Work Australia (FWA) can deal with the dispute.

It’s illegal for your employer to take adverse action against you because you made a request or sought assistance from Fair Work Australia.