Flexible work arrangements are agreed changes between employers and employees to standard working conditions. Employees with 12 months of continuous service with their employer can formally request these arrangements under the Fair Work Act.
Legislation: Fair Work Act 2009 ss 65-66 | Category: Working Arrangements
What are Flexible Work Arrangements?
Flexible work arrangements are changes to an employee’s standard working conditions, including their hours of work, pattern of work, or location of work. The Fair Work Act provides employees with 12 months of continuous service 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 a child who is of school age or younger, employees that are carers (within the meaning of the Carer Recognition Act 2010), employees with disabilities, employees aged 55 or over, employees experiencing family and domestic violence, and employees who are pregnant. (Fair Work Act 2009 – Federal Register of Legislation).
Casual employees, who have been employed on a regular basis for a sequence of periods of employment during a period of at least 12 months, and who have a reasonable expectation of continuing employment by the employer on a regular and systematic basis, can also make a request for flexible work arrangements.
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 are Flexible Work Arrangements?
Flexible work arrangements are variations to standard working conditions, with certain employees having a right to request under the Fair Work Act.
Why are Flexible Work Arrangements important for employers?
Understanding flexible work arrangements helps employers comply with Australian employment law, avoid penalties, and maintain fair workplace practices.
