Flexible Working Arrangements

The National Employment Standards (NES) give some workers the right to request flexible working arrangements.

Flexible working arrangements may mean changes to:

• Work hours;
• Patterns of work;
• Work location.

Full-time and part-time employees can request flexible work arrangements if they’ve worked with the same employer for at least 12 months and 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);
• Are a person with disability;
• Are 55 or older;
• Are pregnant;
• Are experiencing family and domestic violence, or
• Provide care or support to an immediate family or household member who is experiencing family and domestic violence. 

What are my employers rights and responsibilities?

An employer must respond to a request in writing, within 21 days.

If refusing the request, they must include their reasons for refusing in their written response.

An employer can only refuse a request if they have:

• Discussed the request with the employee;
• Genuinely tried to reach an agreement with the employee but were not able to do so;
• Considered the consequences for the employee if the request is refused, and
• Reasonable business grounds for refusing the request.

Can the Fair Work Commission help me?

Using Form F10C employees can apply to the Fair Work Commission to resolve a dispute about flexible working arrangements. To do so you will need a copy of your written request and a copy of the employers written response, if you were given one. Once lodged it will be given to a Commission Member who will decide how your case will proceed. For example, they might hold a conference or hearing.