Flexible working arrangements
There are rules about how to make a request for flexible working arrangements and how employers respond.
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Some employees who have worked for the same employer for at least 12 months can request flexible working arrangements, such as changes to hours, patterns or locations of work.
Employees covered by an award also have some extra rights when asking for flexible working arrangements.
Examples of flexible working arrangements include changes to:
- hours of work (for example, changes to start and finish times)
- patterns of work (for example, split shifts or job sharing)
- locations of work (for example, working from home).
Employees (other than a casual employee) who have worked with the same employer for at least 12 months can request flexible working arrangements if they:
- are the parent, or have responsibility for the care, of a child who is school aged or younger
- are a carer (under the Carer Recognition Act 2010)
- have a disability
- are 55 or older
- are experiencing family or domestic violence, or
- provide care or support to a member of their household or immediate family who requires care and support because of family or domestic violence.
Examples: Eligibility for flexible working arrangements
Greg wants to start work at 10am instead of 9am so he can take his son to pre-school. He can request flexible working arrangements to help him care for his son.
Shirley is 60 years old and wants to finish early on Wednesdays so she can volunteer at her local hospital. She can request flexible working arrangements because she is over 55 years old.
Casual employees can make a request if:
- they've been working for the same employer regularly and systematically for at least 12 months
- there's a reasonable expectation of continuing work with the employer on a regular and systematic basis.
Requests for flexible working arrangements have to:
- be in writing
- explain what changes are being asked for
- explain the reasons for the requested change.
Employers covered by an award must first discuss the request with their employee to try to reach an agreement about changes to the employee’s working conditions, taking into consideration:
- the needs of the employee
- consequences for the employee if changes in working arrangements aren’t made
- any reasonable business grounds for refusing the employee’s request.
All employers who receive a request must provide a written response within 21 days which outlines whether the request is approved or refused.
Employers can only refuse a request on reasonable business grounds. If a request is refused the written response must include the reasons for the refusal.
Awards contain specific information on what needs to be included in the written response if the request is refused or if a different change in working arrangements is agreed. Use our 3 step form to help you Find your Award.
Learn more about responding to requests with our free Workplace flexibility online course.
Reasonable business grounds can include:
- the requested arrangements are too costly
- other employees' working arrangements can't be changed to accommodate the request
- it’s impractical to change other employees’ working arrangements or hire new employees to accommodate the request
- the request would result in a significant loss of productivity or have a significant negative impact on customer service.
If a state or territory law provides an employee with a better entitlement to flexible working arrangements this will continue to apply.
Source reference: Fair Work Act 2009 s.65-66