Can Your Employer Refuse a Flexible Working Arrangement?

Flexible work has become a normal part of Australian working life, but there is still considerable confusion about when an employee can actually request it and whether an employer is required to agree.

A request might involve working from home, changing start and finish times, reducing hours or altering the employee’s usual pattern of work. While employers and employees can agree to flexible arrangements at any time, certain employees also have a specific right to request flexibility under the National Employment Standards.

Who can formally request flexible work?

Eligible full-time and part-time employees generally need at least 12 months’ service and must require the change because of particular circumstances. These include being pregnant, having responsibility for a school-aged or younger child, being a carer, having a disability, being aged 55 or older, or experiencing certain family and domestic violence circumstances. Some regular and systematic casual employees can also qualify.

A formal request needs to be made in writing, explain the change being sought and provide the reasons for requesting it.

Can an employer simply say no?

Not necessarily.

Where an employee makes an eligible request, the employer must respond in writing within 21 days. An employer can refuse on reasonable business grounds, but there is a process that needs to be followed.

Before refusing, the employer must discuss the request with the employee, genuinely attempt to reach agreement on alternative arrangements and consider the consequences of refusing the request. Reasonable business grounds can include significant cost, practical difficulties changing other employees’ arrangements, or a significant impact on productivity or customer service.

This means a blanket response such as “we don’t allow working from home” may not adequately address a formal request where the employee has a statutory entitlement to make one.

You may not get exactly what you requested

Flexible working arrangements do not always need to be an all-or-nothing discussion.

An employee might request three days working from home, while the parties ultimately agree on two. An employee seeking permanently reduced hours might instead agree to trial the arrangement for several months.

The Fair Work Ombudsman specifically encourages employers and employees to explore alternatives, including trial arrangements where appropriate.

For employees, this means approaching the conversation practically can be important. Clearly explain what you need, why you need it and how you believe the arrangement could work without unnecessarily disrupting the business.

What if your request is refused?

A refusal does not necessarily mean the discussion is over.

If an eligible flexible working request cannot be resolved within the workplace, a dispute may potentially be taken to the Fair Work Commission. The Commission can assist through processes such as conciliation or mediation and, in some circumstances, can arbitrate the dispute and make binding orders.

Employees should therefore keep copies of their written request, the employer’s response and any correspondence discussing possible alternatives.

Flexible working arrangements require a balance between the genuine needs of employees and the operational requirements of employers.

For employees, the strongest approach is usually not simply demanding flexibility, but understanding your rights and putting forward a practical proposal. For employers, requests should be genuinely considered rather than rejected automatically because they do not fit the organisation’s traditional way of working.

At EAS Legal, we assist both employees and employers with workplace issues, including flexible working arrangements and disputes when an employment relationship begins to break down.

Getting advice early can often turn a potential workplace dispute into a workable solution.

Frequently Asked Questions