Flexible work arrangements are variations to standard working conditions, with certain employees having a right to request under the NES.
Legislation: Fair Work Act 2009 s65 | Category: Working Arrangements
What is Flexible Work Arrangements?
Flexible work arrangements are variations to standard working conditions such as hours of work, patterns of work, or location of work. The National Employment Standards provide certain employees with a right to request flexible working arrangements, and recent amendments have expanded this right and strengthened employer obligations to respond.
Eligible employees include parents and carers of children under school age or with disability, employees with disability, employees aged 55 or over, employees experiencing family and domestic violence, and employees who are pregnant. From June 2023, the right also extends to employees who are members of households experiencing family and domestic violence.
Key Compliance Points for Employers
- Requests must be in writing and employers must respond in writing within 21 days
- From June 2023, employers can only refuse on “reasonable business grounds” and must consult with the employee before refusing
- If refusing, employers must state the reasons and offer alternative arrangements if available
- Disputes about refusals can now be taken to the Fair Work Commission
- Taking adverse action against an employee for requesting flexible work is prohibited
Frequently Asked Questions
What is Flexible Work Arrangements?
Flexible work arrangements are variations to standard working conditions, with certain employees having a right to request under the NES.
Why is Flexible Work Arrangements important for employers?
Understanding flexible work arrangements helps employers comply with Australian employment law, avoid penalties, and maintain fair workplace practices.
