Quick answer
Under the Fair Work Act, certain employees can ask for flexible work arrangements, such as changes to hours, patterns or location. Employers must respond in writing within 21 days, and can refuse only on reasonable business grounds after discussing the request.
Key takeaways
- Eligible employees have a right to request flexibility.
- Employers must respond in writing within 21 days.
- Refusal needs reasonable business grounds.
- Discuss options before you decide.
Who can request flexibility?
Employees with at least 12 months of service can make a request. Eligible casuals need to be regular and systematic employees with a reasonable expectation of ongoing work.
The right applies in certain circumstances, such as being a parent or carer, having a disability, being 55 or older, or experiencing family and domestic violence.
What must an employer do?
- Discuss the request with the employee.
- Genuinely try to reach an agreement.
- Consider the effect on the employee if it is refused.
- Respond in writing within 21 days.
- If refusing, explain the reasons and any alternatives.
What counts as reasonable business grounds?
- The change would be too costly.
- Other employees' work cannot be rearranged.
- It would harm productivity or customer service.
- It is impractical to recruit more staff.
What if the employee disagrees?
Employees can seek help from the Fair Work Commission if a request is refused or not handled properly.
Good records of your discussion and reasons are your best protection.
Make it work
| Option | Example |
|---|---|
| Hours | Start and finish times |
| Pattern | Compressed or part-time weeks |
| Location | Some days at home |
Trial arrangements, review them and put changes in writing. Well-run flexible work arrangements can help you attract and keep good people.
A practical example
An employee with a young child asks to start at 7.30 am and finish at 3.30 pm. You check coverage, find the phones can still be answered, and agree to a three-month trial.
You put it in writing and set a review date. Both sides know what to expect, and the flexible work arrangements can be adjusted if needed.
Bottom line
Handle flexible work arrangements fairly: treat every request seriously, talk it through and give clear written reasons if you say no. Get advice before refusing a request.
Sources and further reading
- Fair Work Ombudsman: Flexible working arrangements
- Fair Work Commission: Flexible working arrangements
- Fair Work Ombudsman
Checked against the sources above and our own project experience. Last reviewed 7 October 2026.
