Requests for flexible work changes coming from 6 June 2023

12 May 2023

Employer obligations when responding to employee requests for flexible working arrangements will change from 6 June 2023.

What is a flexible working arrangement?

Currently, full-time and part-time employees with at least 12 months of service may request flexible working arrangements.

An employee may request flexibility if they are a parent of a child who is of school age or younger, are a carer, have a disability, are 55 years or older, or are experiencing family domestic violence. Requests may include a change to hours of work, how work is performed or location of work. For example, an employee may request reduced hours or a work-from-home arrangement.

What do I do if I receive a request?

An employer has 21 days to respond to an employee’s request, and they must do so in writing.

What if I cannot accommodate an employee’s request?

Employers must genuinely try to accommodate an employee’s request. The response needs to provide alternatives, other opportunities or the reasons for refusal. It is not sufficient to simply refuse a request on reasonable business grounds.

An employer will need to explain how the request cannot be accommodated and the impact it will have on business operations. For example, a request to reduce hours may negatively impact other employees or force the business to recruit additional people to accommodate the hours requested.

If an employer refuses a request, they are obliged to provide the employee with information about referring a dispute to the Fair Work Commission (FWC).

What can an employee do if I refuse their request?

The new provisions allow the FWC to become involved should a dispute arise between an employer and an employee. The parties should first try and resolve the matter at a workplace level and try to come to an agreement, however, where this is unsuccessful the FWC may assist.

Need more advice?

Our Workplace Relations team is here to help. Contact us.