16/07/2026
Reviewing a Flexible Work Arrangement request? Here's what employers need to get right.
Under the Fair Work Act, eligible employees can formally request changes to their hours, patterns, or location of work, and employers can't just say "no" because it's inconvenient.
Who is eligible?
A full-time, part-time, or regular and systematic casual (who has a reasonable expectation of continuing work) employee who has been working with the employer for at least 12 months, and who:
✔️is the parent, or has responsibility for the care, of a child who is school-aged or younger
✔️is a carer
✔️is a person with disability
✔️is 55 or older
✔️is pregnant
✔️is experiencing family and domestic violence, or
✔️provides care or support to an immediate family or household member who is experiencing family and domestic violence
Employers need to:
✔️Respond in writing within 21 days of receiving the request
✔️Genuinely discuss the request with the employee first, especially where an award or agreement applies
✔️Only refuse on reasonable business grounds - vague discomfort isn't enough
✔️Explain the reasons for refusal in writing, including any changes considered
✔️Consider the consequences of refusal for the employee, not just operational impact
Getting this wrong isn't just a compliance risk, it can damage trust and retention. A rushed or poorly justified refusal can end up in front of the Fair Work Commission.
Flexible work isn't a favour. For eligible employees, it's a right, with a process attached. Treat every request seriously, document your reasoning, and know where the line sits between "preference" and "reasonable business ground.“