Australia’s flexible work landscape has shifted twice in three years. Once, when the Fair Work Act amendments in 2023 strengthened the right to request. And again, when the post-COVID return-to-office push had some employers quietly walking back what had become normal.
Both shifts matter for you. Here’s what the law actually says, what your rights are, what good employers do above the floor, and how to position your request to give yourself the best shot.
What flexible work means under Australian law
Under the Fair Work Act 2009, flexible working arrangements mean changes to:
- Hours of work (start and finish times, total hours)
- Patterns of work (compressed hours, job sharing, split shifts)
- Locations of work (working from home, hybrid arrangements, working from another office)
The Act gives certain employees a legal right to request flexible work, and obliges employers to respond in writing within 21 days. Employers can only refuse on “reasonable business grounds.”
Importantly, since 2023, the Fair Work Commission has the power to arbitrate disputes if you and your employer can’t agree. That’s a significant strengthening of the original right.
Who can legally request flexible work
Not every employee has a statutory right to request. The Act covers specific groups, after at least 12 months of continuous service.
Parents and carers
If you’re a parent or have responsibility for the care of a school-aged or younger child, you can request. If you’re a carer under the Carer Recognition Act, you can request.
People over 55
If you’re 55 or older, you can request. This recognises the realities of working through different life stages including caring for older parents and managing menopause.
People with disability
If you have a disability, you can request. This works alongside the employer’s obligations under the Disability Discrimination Act to provide reasonable adjustments.
People experiencing family or domestic violence
If you’re experiencing family or domestic violence, or supporting a family member who is, you can request. This is one of the strongest protections in the Act.
Pregnant employees
If you’re pregnant, you can request, including for changes during pregnancy itself.
If you’re not in one of these categories, you can still ask. The employer just doesn’t have a statutory obligation to consider it under section 65 of the Act.
How to make a request that’s hard to refuse
The mechanics matter, because they affect the strength of your position if it’s refused.
The formal request, with template
Your request must be in writing, and must include:
- The change you’re proposing (specific hours, days, locations)
- The reason (briefly, without oversharing)
- The duration (permanent or trialled for a period)
A useful template:
Dear [manager],
I’m writing to formally request flexible working arrangements under section 65 of the Fair Work Act 2009.
I’m proposing [specific change], starting [date], on a [permanent / trial] basis. The reason is [reason in one sentence].
I’ve considered the impact on the team and the business, and would propose [how you’ll manage handover, coverage, communication]. I’d welcome the chance to discuss any concerns.
Under the Act, I understand you’ll respond in writing within 21 days. I’m happy to talk it through in the meantime.
Best, [Your name]
The template signals you know your rights without being adversarial.
How to frame it for the business
Employers respond better to requests that anticipate their concerns. Address coverage, customer impact, team dynamics, and how you’ll manage the practical mechanics.
You don’t need to over-justify the personal reason. Brief is better.
What “reasonable business grounds” actually means
The Act gives examples of what counts as reasonable business grounds for refusal. They include:
- It would be too costly
- It would be impractical to change other employees’ arrangements
- It would significantly reduce efficiency or productivity
- It would have a significant negative impact on customer service
What the Act doesn’t allow as reasonable grounds:
- “We don’t do that here”
- “Other people might want the same”
- The manager’s personal preference
- An unspecified concern about culture
If your employer refuses, the response must specifically articulate what the reasonable business grounds are. Vague refusals are not enough.
What to do if your request is refused
You have options.
The 21-day rule
Your employer must respond in writing within 21 days. If they don’t, that’s a breach of the Act.
How to escalate to the Fair Work Commission
If your employer refuses and you believe the grounds aren’t reasonable, you can apply to the Fair Work Commission to resolve the dispute. The Commission can order alternative arrangements.
You can find the application process on the Fair Work Commission website. You can also seek free advice from your union, the Fair Work Ombudsman, or a community legal centre.
It’s also illegal under the Fair Work Act for your employer to take adverse action against you for making a request or escalating it to the Commission.
What “default flexible” looks like
The strongest employers go beyond the statutory right. They’ve made flexibility the default, not the exception.
What this looks like in practice:
- The employer’s default policy is hybrid or flexible, with specifics published
- Managers are required to start by saying yes and explain the no, not the reverse
- Compressed weeks, job sharing, and remote work are all available
- Flex isn’t tied to caring responsibilities. Anyone can access it
When you’re researching, look for the language. “Flex by exception” is a different proposition to “flex by default.”
The right to disconnect and what it means for you
The Fair Work Legislation Amendment (Closing Loopholes No. 2) Act 2024 introduced a right to disconnect for Australian employees. From August 2024 (large employers) and August 2025 (small businesses), employees have the right to refuse to monitor, read or respond to work contact outside of working hours, unless the refusal is unreasonable.
In practice, this means:
- Your employer can still contact you outside hours
- You can choose not to engage, and that choice is protected
- Refusal is unreasonable only in specific circumstances (e.g. emergency, role-specific obligations, level of seniority)
The right to disconnect is most useful as cultural permission. The strongest employers have updated their policies to reinforce it.
Five questions to ask in interview about flexibility
- “Is flexible work the default in this team, or is it managed case by case?”
- “What’s the specific framework for hybrid work? Days, hours, locations?”
- “How does the team handle the right to disconnect in practice?”
- “Can you give me an example of a flexible arrangement that’s worked well in this team recently?”
- “What’s been the hardest flexibility request the team has navigated, and how did it land?”
The first three surface the policy. The fourth and fifth surface the culture.
Key takeaways
- The Fair Work Act gives parents, carers, people over 55, people with disability, those experiencing family violence, and pregnant employees the right to request flexible work after 12 months’ tenure.
- Employers must respond in writing within 21 days and can only refuse on specific reasonable business grounds.
- Refusals can be challenged at the Fair Work Commission.
- The right to disconnect, in force since 2024, gives you the right to refuse contact outside work hours.
- “Default flexible” employers have moved beyond statutory minimums and made flexibility a baseline, not a perk.
FAQ
Can I request flexible work if I’ve been there less than 12 months?
You can ask, but the statutory right under the Fair Work Act starts at 12 months’ continuous service.
What if I’m casual?
Casual employees can request if they’ve been working regularly and systematically for 12 months and there’s a reasonable expectation of continuing employment.
Can my employer refuse if they say it’ll affect customer service?
Only if the impact is significant and specific. Vague concerns don’t count as reasonable business grounds.
What if my role is one others want and I’m worried about asking?
Asking is your right, and adverse action for asking is illegal. Document your request and the response in writing.
