Important disclaimer
This article provides general information only and is not legal advice. Your specific rights depend on your circumstances, award, and employment contract. For advice about your situation, contact the Fair Work Ombudsman or seek legal advice.
Need to change your work hours, work from home, or adjust your schedule? You have the legal right to request flexible working arrangements in Australia - but employers can refuse if they have reasonable business grounds.
This guide explains exactly how to make a flexible working request, what makes a request reasonable, what counts as valid grounds for refusal, and what to do if your request is denied. We'll also provide a letter template you can adapt for your situation.
What counts as flexible working arrangements?
Flexible working arrangements are changes to when, where, or how you work. Under Australian workplace law, flexible work can include:
Changes to hours
- • Part-time instead of full-time
- • Reduced hours per week
- • Compressed work weeks
- • Job sharing arrangements
- • Gradual return to full hours
Changes to patterns
- • Different start/finish times
- • Specific days off (e.g., no Fridays)
- • Split shifts or flexible scheduling
- • School hours only
- • Predictable rosters
Changes to location
- • Working from home full-time
- • Hybrid arrangements (some days home, some office)
- • Working from a different office location
- • Remote work from another city/region
The key is that flexible work is about changing how you perform your existing role - it's not about creating a new position or fundamentally changing your job responsibilities (though duties may need minor adjustments). Modern rostering software makes it easier for employers to manage flexible working patterns and accommodate diverse employee needs.
Who can request flexible working arrangements?
Under the National Employment Standards, you can request flexible work if you:
Have worked for your employer for at least 12 months
Continuous service required (includes long-term casuals with regular hours)
AND you fall into one of these categories:
- • Parent or carer: You're a parent or have responsibility for the care of a child of school age or younger
- • Carer: You're a carer (under the Carer Recognition Act 2010)
- • Disability: You have a disability
- • Age 55+: You're 55 or older
- • Family violence: You're experiencing family or domestic violence
- • Pregnancy: You're pregnant
- • Parental leave: You're returning from parental leave (or your partner is on parental leave)
If you're returning from maternity leave, requesting flexible work is one of your key rights under the National Employment Standards.
How to make a flexible working request
Your request must be made in writing. This is a legal requirement. Your written request should include:
1. The specific changes you're requesting
Be clear and detailed. For example: "I request to reduce my hours from full-time (38 hours per week) to part-time (25 hours per week), working Monday to Wednesday 9am-5pm and Thursday 9am-1pm."
2. The reasons for your request
Explain which eligibility category applies (e.g., "I am the parent of a child under school age" or "I am returning from parental leave"). You don't need to provide extensive personal details, but make the reason clear.
3. The date you want the changes to start
Provide a reasonable timeframe. For parental leave returns, make the request at least 4 weeks before your planned return date.
4. How you will maintain productivity and performance (optional but recommended)
Showing you've thought about the practical impact strengthens your request. For example: "I will be contactable during all my working hours and will attend team meetings remotely on Fridays."
Flexible working request letter template
Use this template as a starting point and adapt it to your specific situation:
Template: flexible working arrangement request
[Your Name]
[Your Address]
[Date]
[Manager's Name]
[Company Name]
[Company Address]
Dear [Manager's Name],
Request for Flexible Working Arrangements
I am writing to formally request a change to my working arrangements under the National Employment Standards provisions for flexible work. I have been employed by [Company Name] since [Start Date] as a [Your Position].
The changes I am requesting:
[Be specific. For example: "I request to work part-time, reducing my hours from 38 hours per week to 25 hours per week, working Monday to Thursday, 9:00am to 3:30pm."]
Reasons for this request:
[Explain your eligibility. For example: "I am the parent of a child under school age and need to arrange childcare pickup" or "I am returning from parental leave and require a gradual transition back to full-time work."]
Proposed start date:
[Date - give reasonable notice, typically at least 4 weeks]
How I will maintain my responsibilities:
[Optional but recommended. For example: "I will ensure all my work is completed within my working hours. I will attend team meetings remotely when they fall outside my schedule, and I will remain contactable via email and phone during all my working hours."]
I would appreciate the opportunity to discuss this request with you at your earliest convenience. I am happy to consider alternative arrangements if the above is not feasible.
I understand you are required to respond to this request in writing within 21 days and that we should discuss this matter to try to reach an agreement.
Thank you for considering my request.
Yours sincerely,
[Your Signature]
[Your Name]
What happens after you make your request?
Once you submit your written request, your employer must:
Discuss the request with you
Your employer must engage in a genuine discussion about your request. This is not optional - they can't simply refuse without consultation. The discussion should explore whether your proposed arrangement is workable, or if there are alternative arrangements that could meet your needs.
Respond in writing within 21 days
Your employer must give you a written response within 21 days of receiving your request. The response must either approve your request, or if refusing, provide the specific business grounds for refusal.
Try to reach an agreement
Even if your exact request can't be approved, your employer should work with you to find an alternative solution that addresses your needs while being workable for the business. Be open to compromise.
When can employers refuse flexible working requests?
An employer can only refuse your request if they have reasonable business grounds. The Fair Work Act specifies these grounds:
Too costly for the business
The arrangement would cause unreasonable expense that the business cannot afford.
Impractical to change other staff arrangements
It's not feasible to reorganize other employees' work to accommodate your request.
Impractical to change work distribution
The business cannot practically reorganize how work is distributed to accommodate the request.
Unable to recruit additional staff
It's not feasible to hire someone to cover the gaps created by your changed hours.
Significant loss in efficiency or productivity
The arrangement would result in a substantial negative impact on business operations.
Significant negative impact on customer service
The business would be unable to meet customer needs or service standards.
Important: Your employer must provide specific evidence for their refusal. They can't just say "it's too difficult" without explaining exactly how and why the business would be impacted.
What employers cannot legally refuse without proper grounds
An employer cannot refuse your flexible working request simply because:
They don't like the idea
Personal preference or "we've never done it before" is not a reasonable business ground.
Other employees might want the same thing
Fear of setting a precedent is not a valid reason to refuse a reasonable request.
It's inconvenient
Inconvenience alone is not enough - there must be demonstrable business impact.
They haven't genuinely considered it
Refusing without discussion or genuine consideration of alternatives breaches the process requirements.
You're pregnant or returning from parental leave
Refusing based on pregnancy or parental leave status is discrimination. Learn more about pregnancy discrimination protections.
What to do if your flexible working request is refused
If your employer refuses your request, you have several options:
1. Review the written reasons
Your employer must provide written reasons for refusal based on the specific business grounds. Check if their reasons are reasonable and supported by evidence. Are they vague or generic? This could indicate an unreasonable refusal.
2. Negotiate an alternative arrangement
If your exact request can't work, ask what would be acceptable. Could you compromise on hours, days, or start date? Sometimes a modified arrangement meets both parties' needs.
3. Consider submitting a new request
You can submit a modified request addressing the business concerns raised. For example, if cost was the issue, propose a trial period or phased approach.
4. Dispute the decision
If you believe the refusal is unreasonable or the process wasn't followed correctly, you can apply to the Fair Work Commission to have the decision reviewed. The FWC can assess whether the employer's grounds for refusal were reasonable and whether they fulfilled their consultation obligations.
5. Seek advice
Contact the Fair Work Ombudsman on 13 13 94 or use their workplace problems service. They can assess your situation and advise on next steps.
If you're returning to work after maternity leave and your flexible work request is unreasonably refused, this may also constitute discrimination or adverse action, giving you additional legal protections. For specific guidance on part-time work requests, see our guide on whether employers can refuse part-time hours.
Tips for a successful flexible working request
Start the conversation early
Talk informally with your manager before submitting a formal request. Gauge their reaction and understand any concerns. This helps you submit a stronger formal request.
Be specific and realistic
Vague requests are harder to approve. Clearly detail what you're asking for and show you've thought through the practicalities. Propose a trial period if helpful.
Focus on business continuity
Show how your work will still get done. Demonstrate that you understand the business needs and have considered how to minimize disruption. Offer solutions, not just problems.
Be open to compromise
You might not get exactly what you asked for. Be willing to negotiate. A partial solution is better than no solution. You can always request further changes later.
Give reasonable notice
Don't expect immediate changes. Give your employer time to plan coverage and make arrangements. At least 4-6 weeks notice is reasonable for most requests.
Key takeaways
- You have the right to request flexible work if you've worked for 12+ months and meet eligibility criteria (parent, carer, 55+, pregnant, etc.)
- Your request must be in writing and include specific details: what you want, why, and when
- Employers must respond in writing within 21 days and discuss your request with you
- Employers can only refuse based on reasonable business grounds - not convenience or preference
- If refused unreasonably, you can dispute the decision through the Fair Work Commission
Flexible working arrangements help balance work and life responsibilities. If you're eligible, don't hesitate to make a request - many employers are increasingly supportive of flexible work. For employers managing these requests, leave management software can help track and document flexible work arrangements, while digital HR records ensure all flexible work agreements are properly documented and accessible.
Frequently asked questions
Can an employer refuse a flexible working request?
Yes, but only on reasonable business grounds. Employers must respond in writing within 21 days, discuss the request with you, and provide specific business reasons if refusing. Reasonable grounds include: it would be too costly, unable to reorganise work or change other employees' arrangements, unable to recruit additional staff, significant loss in efficiency or productivity, or significant negative impact on customer service. An employer cannot simply say no without genuine consultation and documented business reasons.
Do I need to have worked for a certain time before requesting flexible work?
Generally, you must have worked for your employer for at least 12 months continuously before you can make a formal flexible working request under the National Employment Standards. However, some awards or enterprise agreements may have different requirements, and you can always informally discuss flexible arrangements with your employer at any time.
What happens if my employer refuses my flexible work request?
If your request is refused, your employer must provide written reasons based on reasonable business grounds within 21 days. If you believe the refusal is unreasonable or the process was not followed correctly, you can dispute the decision through the Fair Work Commission. You may also be able to negotiate an alternative arrangement or resubmit a modified request.
Can I request flexible work if I'm returning from maternity leave?
Yes. Parents returning from parental leave have a specific right to request flexible working arrangements under the National Employment Standards. This is one of the most common reasons for flexible work requests. You should make your request at least 4 weeks before you plan to return to work.
What counts as flexible working arrangements?
Flexible working arrangements can include: changes to hours of work (part-time, reduced hours, or compressed work weeks), changes to patterns of work (different start and finish times, or specific days off), and changes to location of work (working from home, hybrid arrangements, or working from a different office location). The arrangement depends on your needs and what is feasible for your role.
Can casual employees request flexible work?
Yes, long-term casual employees have the right to request flexible working arrangements if they have worked for the employer for at least 12 months on a regular and systematic basis with a reasonable expectation of continuing employment. The same eligibility criteria and process apply to casual employees as to permanent employees.
