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Who can request flexible working arrangements?

Flexible working arrangements

Certain employees have the right to request flexible working arrangements. Employers can only refuse these requests on reasonable business grounds.

What are flexible working arrangements?

Examples of flexible working arrangements include changes to:

  • hours of work (eg. changes to start and finish times)
  • patterns of work (eg. split shifts or job sharing)
  • locations of work (eg. working from home).

Who can request flexible working arrangements?

Employees who have worked with the same employer for at least 12 months can request flexible working arrangements if 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)
  • have a disability
  • are 55 or older
  • are experiencing family or domestic violence, or
  • provide care or support to a member of their household or immediate family who requires care and support because of family or domestic violence.

An employee can request flexible working arrangements to assist them with these circumstances.

Examples: Eligibility for flexible working arrangements

Greg wants to start work at 10am instead of 9am so he can take his son to pre-school. He can request flexible working arrangements to help him care for his son.

Anna has asked her employer if she can work from home because her disability makes it hard for her to travel to the office. She can request flexible working arrangements because her request relates to her disability.

Casual employees

Casual employees can make a request if:

  • they’ve been working for the same employer regularly and systematically for at least 12 months
  • there’s a reasonable expectation of continuing work with the employer on a regular and systematic basis.

How do employees request flexible working arrangements?

Requests for flexible working arrangements have to:

  • be in writing
  • explain what changes are being asked for
  • explain the reasons for the request.

What should employers do with a request?

Employers who receive a request must give a written response within 21 days saying whether the request is granted or refused. They can only refuse a request on reasonable business grounds. If a request is refused the written response must include the reasons for the refusal.

Best practice tip

Employers don’t have to choose between accepting or rejecting a request in full. Once a request has been made, employers and employees can discuss and negotiate to come to an arrangement that balances both of their needs.

What are reasonable business grounds?

Reasonable business grounds can include:

  • the requested arrangements are too costly
  • other employees’ working arrangements can’t be changed to accommodate the request
  • it’s impractical to change other employees’ working arrangements or hire new employees to accommodate the request
  • the request would result in a significant loss of productivity or have a significant negative impact on customer service.

GAP Communications started with a 3-man operation and has now grown into a National Operation of over 300 staff. People Business has been associated with our company on a consulting basis since its inception. During the turmoil of the last six years their guidance has played a crucial and integral part in the successful growth of our company. Adam Clark and his team manage to combine a client first approach to business with a down to earth humanitarian approach to the issues at hand. I can't recommend Adam and his team strongly enough.
Andrew BateyManaging Director, GAP Communications
Ausmelt Limited has approximately 50 professional qualified staff comprising mainly metallurgists and engineers. As a small company, Ausmelt does not have a full time HR Manager, opting to use the consultancy services of Adam Clark and his team. Adam has successfully work hand-in-hand with Ausmelt management to help with staff recruitment, staff development plans, performance planning and assessment, short and long term staff incentive schemes, salary benchmarking, staff termination and redundancy, counselling and job search assistance. I have been more than happy with the level of professionalism, enthusiasm and expertise that Adam and his team has provided to our Company.
Paul AbbotManaging Director, Ausmelt Limited
Adam and his team have delivered an outsourced HR solution to our company for the past 10 years. Adam is a natural fit to our organization and I now consider him part of our senior management team. Once goals are determined he is able to deliver the required outcomes in a timely and professional manner. He provides excellent advice and is always reliable. Adam also handles our recruitment needs which has saved us thousands in agency fees. In summary I would say "Highly recommended".
Rob GreenCEO, CommTel Communications Pty Ltd
Creative Brands has two iconic Australian brands, “Australis” cosmetics and "Le Tan" sunscreens and tanners. As a relatively small company with a staff of 60 we were unable to justify the appointment of a full time HR Manager. As such the flexible and cost effective package offered by People Business represented an ideal fit for our organization. We were able to draw on a comprehensive suite of HR services which were delivered in a professional manner at all times. Taking into consideration both quality and cost I am happy to recommend Adam Clark and his team as a viable and pragmatic HR solution.
Stephen MasonManaging Director, Creative Brands Pty Ltd
Adam and his team have provided an outsourced HR solution to our organisation for 4 years, effectively becoming a part time member of the senior management team, fulfilling all HR requirements typically provided by a Senior HR Manager. Adam successfully recruited around 30 people to our company, a number of which comprised senior and middle management roles. I believe that his business represents a cost effective HR option ideally suited to small and/or growing companies and I have no hesitation in recommending Adam Clark and his team to similar organisations.
Hugh GleesonChief Executive Officer, United Energy and Multinet Gas
I've worked with Adam and his team for over 3 years, developing and implementing an organisational HR System for Stornoway's 50+ permanent staff. As a medium-sized enterprise, I needed cost-effective HR support and someone my staff would be comfortable with. I'm confident that, with their ongoing support, I can continue to meet my HR needs without an in-house specialist.
Tim GardnerGeneral Manager, Stornoway Contracting Pty Ltd
Adam and his team have been facilitating a number of training sessions for City of Port Phillip over the last few years. People Business have always been available to work with me to provide the most relevant, well organised training sessions to meet the diverse needs of our staff.
Leanne BickleyOrganisation Development & Training Consultant, City of Port Phillip
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