Know your rights: Flexible working arrangements
Anyone can request flexibility at work, but certain employees have a right to request flexible working arrangements under the Fair Work Act.
What are flexible working arrangements?
Flexible working arrangements are changes to your standard work arrangements. This may look like changes to your hours of work, where you work or when you work.
The right to request flexible working arrangements is in addition to any entitlements to flexibility in your contract, Agreement or Award. For example, the Victorian Catholic Agreement grants an employee returning to work from parental leave the right to request to work part-time until the child reaches school age.
Who can apply?
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 pregnant;
are the parent, or have the responsibility for the care, of a child who is of school age or younger;
are a carer (within the meaning of the Carer Recognition Act 2010);
have a disability;
are 55 or older;
are experiencing family and domestic violence; or
provide care or support to a member of their immediate family or their household who is experiencing family and domestic violence.
Casual employees who meet one of the above criteria are also entitled to request flexible work arrangements if they have been employed by the employer as a casual on a regular and systematic basis for at least 12 months and reasonably expect that to continue.
How do I request a flexible work arrangement?
You must make a written request that sets out the details of the changes sought and the reasons for the changes. There must be a link between the request sought and the criteria above. For example, you are requesting to finish work earlier so you can pick up your child from school.
What happens next?
Once you make a written request for a flexible working arrangement, the employer must respond in writing within 21 days.
The response must indicate either:
a) that your request is granted;
b) that, after a discussion, an agreement has been reached for a change in your working arrangements that differs from the initial request; or
c) that the request has been refused, along with the reasons for refusal (subject to certain conditions).
Grounds for refusal
The employer can only refuse your request after:
a) discussing the request with you and genuinely trying to reach an agreement;
b) considering the consequences of the refusal for you, the employee; and
c) stating that the refusal is based on reasonable business grounds.
Reasonable business grounds may include that the changes are too costly, that it would be impractical to change the working arrangements of other employees, that it would result in a significant loss in efficiency, or that it would have a significant negative impact on customer service.
Even if there are reasonable business grounds for refusing the request, the employer must still genuinely try to reach an agreement.
What you can do if your request is refused
If you believe that your employer has unreasonably refused to accommodate your request, here are steps you can take:
Talk to your employer: You can start by discussing your needs and responsibilities with your employer or supervisor. It can be helpful to propose specific adjustments that would assist you.
Seek support from your union: If discussions with your employer don't lead to a satisfactory outcome, contact the IEU. We can provide you with advice and support, and potentially represent you in further discussions with your employer or escalate the matter further in the Fair Work Commission.
For advice or assistance around making a request for flexible working arrangements, or if your request has been refused, contact the Member Services Unit.