Flexible-working requests in Australia
Reviewed by Mellow Editorial Team, HR & payroll content team
Employees in Australia have a legal right to request flexible working arrangements under the National Employment Standards, and employers must consider those requests genuinely and respond in writing within 21 days.
Who can make a request
The right to request flexible working applies to employees who have worked with the same employer for at least 12 months (or, for casuals, who have a reasonable expectation of continuing employment). The following groups are explicitly covered:
- parents or carers of a child who is school-age or younger
- carers (under the meaning of the Carer Recognition Act 2010)
- people with a disability
- people aged 55 or older
- employees experiencing family or domestic violence, or who care for or support someone who does
A request can cover changes to hours, patterns or locations of work — for example, compressed weeks, reduced hours, shift swaps or working from home on set days.
What the employer must do
Once a written request is received, you have 21 days to respond in writing. You cannot simply refuse. You must either agree to the request or refuse it on reasonable business grounds, and your written response must set out those grounds clearly.
Reasonable business grounds can include things like the arrangement being impractical given the nature of the role, an inability to reorganise other employees' work, or a significant cost impact on the business. The grounds need to be genuine and specific to the request — a blanket policy of "we don't do flexible work" is unlikely to hold up.
Since amendments under the Closing Loopholes legislation took effect, the Fair Work Commission now has the power to arbitrate disputes about flexible-work refusals. This means that if an employee disputes your refusal, the Commission can make a binding order — not merely conciliate. That is a meaningful shift from the previous framework and is worth keeping in mind when you assess and document your reasoning.
How to run a fair process
A genuine process matters both legally and practically. Some practical steps:
Acknowledge the request promptly. Even if you need the full 21 days, a quick acknowledgment shows good faith and keeps the employee informed.
Discuss before deciding. The legislation encourages employers to discuss the request with the employee before refusing it. In many cases, a conversation surfaces a workable middle ground — for instance, a trial period, a partial arrangement, or a different schedule than the one originally requested.
Document your reasoning. If you refuse, record the specific operational reasons. Vague reasoning is harder to defend if the matter goes to the Commission. Note what you considered, what alternatives you explored, and why they were not workable.
Consider a trial. Agreeing to a time-limited trial (say, three months) gives both sides a chance to assess the arrangement against real conditions. It also demonstrates good faith. Build in a review date and set clear expectations upfront.
Managing the operational side
Approving flexible arrangements creates legitimate administrative work. Payroll, leave accruals and superannuation all need to reflect the actual arrangement. A few things to keep in mind:
- Part-time moves: If an employee reduces their hours, update their employment contract, adjust their ordinary time earnings for super purposes, and recalculate leave accruals going forward. The Superannuation Guarantee — 12% of ordinary time earnings from 2026 — applies to the revised hours.
- PAYG withholding: Single Touch Payroll reports at each pay event, so changes in pay rate or frequency need to flow through cleanly before the next pay run. If you're running payroll across multiple arrangements and locations, a platform that handles STP reporting reliably becomes important — see how Mellow runs payroll across six countries on one platform.
- Leave balances: Annual leave (four weeks under the National Employment Standards) accrues on ordinary hours worked. A move to part-time reduces the accrual rate proportionally, but does not affect existing balances earned at a higher rate.
- Timekeeping: Remote or varied schedules can make it harder to track hours for employees paid hourly or where overtime thresholds apply under an award. Agree in advance how hours will be recorded and reviewed.
When a request is withdrawn or modified
Employees can withdraw a request at any time before you respond. If circumstances change after an arrangement is in place, either party may want to revisit it. There is no automatic right for an employer to unilaterally wind back an approved arrangement — that generally requires agreement or a legitimate change-of-circumstances process consistent with the employment contract and any applicable award.
Where an arrangement is no longer working, it is better to raise the issue early, document the specific operational problems, and try to reach agreement on a revised arrangement before taking any formal steps.
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