Handling Flexible Working Requests: Employer’s Guide In Australia

Flexible working arrangements are now part of everyday Australian workplaces. For many teams, flexibility isn’t just a perk - it’s a practical way to improve retention, support wellbeing and keep productivity high.

If you’re an employer, though, a flexible working request can raise fair questions. How do you assess the impact on your operations? What exactly are your legal obligations? And how do you make decisions that are fair, consistent and compliant - without losing sight of your commercial needs?

This guide breaks down what a flexible working request is, who can make one, the step-by-step process you need to follow, and when you can lawfully say no on reasonable business grounds. We’ll also cover the policies and documents that help you manage flexibility well and reduce your legal risk.

What Counts As A Flexible Working Request?

A flexible working request is a formal, written request from an eligible employee to change how, when or where they work.

Common examples include:

• Changing start and finish times
• Reducing hours or moving to part-time
• Compressed hours or a nine-day fortnight
• Changes to days worked (e.g. school hours only)
• Working from home or hybrid arrangements
• Job sharing or staggered shifts

The right to request flexible work sits in the Fair Work Act 2009 (Cth). The law sets out who can make a request, the timeframe for your response, and the circumstances in which you can refuse on reasonable business grounds.

It’s also worth noting that modern awards or enterprise agreements may include additional flexibility provisions or consultation requirements. Always check any award or agreement that covers the employee before you decide.

Who Can Request Flexible Work Under The Fair Work Act?

An employee must have at least 12 months of continuous service to be eligible (or, for casuals, be a long-term regular casual with a reasonable expectation of ongoing work).

Eligible employees include those who:

• Are parents or carers of a child of school age or younger
• Are pregnant
• Are carers (within the meaning of the Carer Recognition Act 2010)
• Have a disability
• Are aged 55 or older
• Are experiencing family or domestic violence, or are providing care or support to a member of their household or immediate family who is experiencing family or domestic violence

These categories were strengthened by amendments made by the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, which expanded eligibility and clarified employer obligations from 6 June 2023. The “Closing Loopholes” reforms addressed other areas, but the core flexible work changes were introduced through Secure Jobs, Better Pay.

How Do You Respond? A Step‑By‑Step Process

The Fair Work Act requires you to act promptly, consult in good faith, and genuinely try to reach agreement before refusing a request. Here’s a practical workflow you can adopt.

Step 1: Ask For A Written Request (If You Haven’t Already)

A valid request must be in writing and set out the changes sought and the reasons for the change. Having everything in writing reduces misunderstandings and helps you keep proper records.

You can make this simple by providing a short internal form or template and pointing to your Workplace Policy or staff guidance on how to apply.

Step 2: Acknowledge And Book A Discussion

Acknowledge the request quickly and let the employee know you’ll meet to discuss it. You must respond in writing within 21 days, but before you decide, the law now expects that you’ll discuss the request and genuinely try to reach agreement.

In that discussion, you should also consider the consequences of a refusal for the employee (for example, caring responsibilities or health needs) and explore alternatives if the exact request can’t be accommodated.

Step 3: Assess Operational Impact

Look at the request through the lens of your business needs. Questions to consider:

• What is the impact on service levels, client deadlines or safety?
• Can the role be performed remotely without compromising productivity or confidentiality?
• Can tasks be redistributed or can you adjust other rosters without unfairness or excessive cost?
• Is a trial period or staged arrangement workable?

Ensure your decision-making is consistent with any relevant award or agreement and your existing Staff Handbook.

Step 4: Decide - And Put It In Writing Within 21 Days

Your written response must be provided within 21 days. It should:

• Approve the request (and confirm the details and start date), or
• Approve a variation of the request you’ve agreed with the employee, or
• Refuse the request on reasonable business grounds, after you’ve discussed it and genuinely tried to reach agreement.

If you refuse, your letter must include the reasons, the business grounds relied upon, the facts you’ve considered, any alternative arrangements you can offer, and how those alternatives were discussed.

Step 5: Keep Records And Implement

File the request, meeting notes and decision letter. Update rosters, systems and, if needed, issue a simple variation to the employee’s Employment Contract to reflect agreed changes to hours, place of work or duties.

What If We Can’t Agree?

Following the Secure Jobs, Better Pay changes, the Fair Work Commission can deal with disputes about flexible work requests, including making orders where an employer has unreasonably refused a request or failed to respond properly. Good consultation and clear paperwork are your best protection.

When Can You Refuse? “Reasonable Business Grounds” Explained

You can only refuse a flexible working request on reasonable business grounds. This isn’t a rubber stamp. Your reasons must be genuine and anchored to your operations.

Reasonable business grounds may include where:

• The arrangement would be too costly
• It’s impractical to change other employees’ working arrangements or recruit new staff
• The change would have a significant negative impact on efficiency, productivity or customer service
• You cannot reasonably redistribute the work
• The role cannot be performed safely or effectively under the proposed arrangement

Before refusing, you must discuss the request, consider the consequences of refusal for the employee and genuinely try to reach agreement. If you still need to refuse, set out the reasons and any alternative arrangements you can offer (for example, different days, set work-from-home days, or a time-limited trial).

Tip: Where a request raises performance concerns, make sure you address those separately through a fair performance management process rather than relying on them as a blanket reason to refuse flexibility.

Best Practice: Policies, Safety And The Right Documents

Beyond the legal minimum, having clear policies and the right documents in place will streamline requests and reduce risk.

Core Policies To Put In Place

• Flexible Work or Remote Work Policy: Outline who can request, how to apply, assessment criteria, consultation steps, and timelines. Keep it consistent with the Fair Work Act and any award terms.
• Work Health & Safety (WHS) For Remote Work: Specify how you’ll assess remote workstations, breaks and incident reporting. A short checklist can help managers confirm home setups are safe.
• Information Security And Privacy: For hybrid and remote roles, address device management, access controls, document handling and confidentiality. Consider adopting an Information Security Policy and a compliant Privacy Policy if personal information is handled.
• Behaviour And Communication Standards: Make sure expectations for attendance, responsiveness and meetings are covered in your Workplace Policy suite or Staff Handbook so hybrid teams are on the same page.

Update Contracts And Confirm Variations

Where flexible arrangements change core terms (like hours, pay or location), document the change clearly. This can be a short letter or a formal contract variation referencing the employee’s existing Employment Contract. Confirm any trial periods, review dates and what will happen if the arrangement isn’t working.

Manage Performance And Fairness

Flexibility should not lower performance expectations - but it may change how output is measured. Set objective KPIs, schedule regular check‑ins and use your documented performance management process if issues arise so decisions remain fair and defensible.

Discrimination And Adverse Action Risks

Be mindful that many requests arise from protected attributes (pregnancy, disability, carer’s responsibilities, age, family or domestic violence). An unreasonable refusal or inconsistent approach can trigger discrimination or general protections claims.

Keep decisions anchored to role requirements and genuine business grounds. If you’re unsure, it’s wise to speak with an employment lawyer - especially where multiple requests or complex circumstances are involved. If a complaint is made, your approach to workplace discrimination claims should be clear and consistent.

Data Security And Confidentiality For Remote Work

Flexible work often means increased reliance on digital tools and off‑site access. Clarify expectations around information handling, device security, password hygiene and approved apps. Back that up with training and the right policies (for example, your Information Security Policy and Privacy Policy).

Recent Changes Employers Should Know

From 6 June 2023, amendments introduced by the Secure Jobs, Better Pay reforms strengthened flexible work rights. In practice, this means:

• You must discuss a request and genuinely try to reach agreement before refusing.
• Your written decision must arrive within 21 days and explain the reasonable business grounds and facts relied upon, and set out any alternative arrangements you can offer.
• The Fair Work Commission can resolve disputes, including making orders if a refusal is unreasonable or you don’t follow the process.

Review your policies and manager training to align with these obligations. If you operate under multiple awards, build a simple internal checklist so decision‑makers stay consistent across the business.

Key Takeaways

• Eligible employees in Australia have a legal right to request flexible working arrangements, and you must follow a clear process - consult, assess, and respond in writing within 21 days.
• Before refusing, you need to discuss the request, consider the consequences for the employee and genuinely try to reach agreement; refusals must be based on reasonable business grounds.
• Document approvals or variations and, where needed, issue a short variation to the employee’s Employment Contract confirming hours, location and review dates.
• Strong, practical policies - including a Flexible Work Policy, WHS guidance for remote work, and clear privacy and security standards like an Information Security Policy and Privacy Policy - reduce confusion and risk.
• The Fair Work Commission can now resolve disputes about flexible work requests, so consistent decision‑making and good records are essential.
• Treat each request fairly and consistently, especially where protected attributes are involved, to minimise discrimination and adverse action risks.

If you’d like a consultation on managing flexible working requests or updating your workplace policies, you can reach us at 1800 730 617 or team@sprintlaw.com.au for a free, no‑obligations chat.