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, some employees can request flexible working arrangements including changes in work hours, patterns and/or location.

Who can request flexible hours?

Some employees – parents or carers of children below school age or children under 18 with a disability – are eligible to request a flexible work arrangement. These employees have to have been in continuous service for a minimum of 12 months. This includes some casual employees who have worked on a regular and systematic basis for a sequence of periods of at least 12 months and expect their employment to be ongoing.

What must I do if my employee requests flexible hours?

Their request must be in writing, and must set out details of the change sought and reasons for the change.

After receiving the request, you must reply within 21 days. You may approve the request, or you may refuse it on reasonable business grounds.

What if I refuse the request?

If you refuse the request, your reasons must be:

• on reasonable business grounds
• set out in writing.

If you refuse the request, you and the employee are encouraged to discuss alternative arrangements that might satisfy the requirements of both parties.

If there’s a dispute, Fair Work Australia (FWA) or other parties can act as mediators if the employee’s agreement or contract of employment or other written agreement allows for this.

It’s illegal for an employer to take adverse action against an employee for making a request or seeking assistance from Fair Work Australia.