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.
To request flexible work in Australia, put your request in writing setting out the specific change you want (hours, pattern, or location), the reason it applies to you, and the date you want it to start. Your employer must respond in writing within 21 days and can only refuse on reasonable business grounds after genuinely discussing it with you. If you have worked for the employer for at least 12 months and fall into an eligible category — parent, carer, 55+, pregnant, disabled, or affected by family violence — this is a protected right under the National Employment Standards, not a favour.
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.
Quick summary
- Put it in writing:
Your request must state the change, the reason, and the start date
- 21-day rule:
Your employer must respond in writing within 21 days of receiving the request
- Reasonable grounds only:
A refusal must rest on genuine business grounds, not preference or inconvenience
- You can dispute it:
Since 2023 the Fair Work Commission can arbitrate and make binding orders on flexible-work disputes
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, or a gradual return to full hours.
Changes to patterns
Different start and finish times, specific days off (for example, no Fridays), split shifts or flexible scheduling, school hours only, or predictable rosters.
Changes to location
Working from home full-time, hybrid arrangements (some days home, some office), working from a different office, or remote work from another city or 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?
The right to request flexible work comes from Section 65 of the Fair Work Act, which sits inside the National Employment Standards (NES). To be eligible you must have worked for your employer for at least 12 months of continuous service (this includes long-term casuals engaged on a regular and systematic basis) and fall into one of the recognised categories below.
Eligible categories under the NES
Parent or carer — you are the parent of, or have responsibility for the care of, a child of school age or younger
Carer — you are a carer under the Carer Recognition Act 2010
Disability — you have a disability
Age 55+ — you are 55 years or older
Family violence — you are experiencing family or domestic violence, or you support a household member who is
Pregnancy — you are pregnant
Parental leave — you are returning from parental leave, or your partner is on parental leave
You can request a flexible work arrangement if, in addition to 12 months’ service, you meet one of these:
If you’re returning from maternity leave, requesting flexible work is one of your key rights under the National Employment Standards. Note that you can also raise flexible arrangements informally at any time — the formal Section 65 process is simply the route that carries legal protections and the 21-day response obligation.
How to make a flexible working request
Your request must be made in writing — this is a legal requirement. A clear, specific request is far easier for an employer to approve, so include all four of the following:
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 (for example, “I am the parent of a child under school age” or “I am returning from parental leave”). You don’t need to share 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 (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, attend team meetings remotely when they fall outside my schedule, and 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, and I am happy to consider alternative arrangements if the above is not feasible. I understand you are required to respond 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 follow a genuine process. Since the 2023 changes to the Fair Work Act, these obligations are stronger than they used to be — an employer can no longer simply issue a refusal without first trying to reach agreement.
1. Discuss the request with you
Your employer must engage in a genuine discussion about your request. They can’t simply refuse without consultation. The discussion should explore whether your proposed arrangement is workable, or whether alternative arrangements could meet your needs.
2. 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 the request, or — if refusing — set out the specific reasonable business grounds and the consequences of the refusal.
3. Genuinely try to reach an agreement
Even if your exact request can’t be approved, your employer must genuinely try to agree an alternative that addresses your needs while remaining workable for the business. Be open to compromise — a partial arrangement is better than none.
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 reorganise other employees’ work to accommodate your request.
Impractical to change work distribution
The business cannot practically reorganise 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.
Evidence is required
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 — financial data, recruitment records, or operational analysis, not a vague assertion.
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 on parental leave
Refusing based on pregnancy or parental leave status is discrimination. Learn more about pregnancy discrimination protections.
How Australian employment law shapes your request
The right to request flexible work sits inside a wider framework of Australian employment law, and it helps to understand how the pieces fit together before you make your request:
- The National Employment Standards (NES) set the minimum right to request flexible work (Section 65) and the 21-day written-response obligation. These apply to every national-system employee and cannot be reduced by an award or contract.
- Your modern award or enterprise agreement sits on top of the NES. Many awards contain their own flexible-work and part-time clauses — including how hours must be agreed in writing, minimum engagement periods, and how ordinary hours are set. Check the instrument covering your role, as it can add protections beyond the NES.
- Anti-discrimination law — the Sex Discrimination Act 1984 and state equivalents — runs alongside all of this. Refusing a request because of your gender, pregnancy, or family responsibilities can be unlawful discrimination even if the employer dresses it up as a “business” reason.
Since the 2023 changes to the Fair Work Act, employers have stronger obligations: before refusing, they must genuinely try to reach agreement, discuss the request with you, and consider the consequences of refusal. Crucially, the Fair Work Commission can now arbitrate flexible-work disputes — meaning it can make binding orders, not just recommendations.
What to do if your flexible working request is refused
If your employer refuses your request, you have several options — and strict time limits apply, so act quickly.
1. Review the written reasons
Your employer must provide written reasons for refusal based on the specific business grounds. Check whether their reasons are reasonable and supported by evidence. Are they vague or generic? That 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 concerns raised. If cost was the issue, for example, propose a trial period or a phased approach.
4. Dispute the decision at the Fair Work Commission
If you believe the refusal isn’t on reasonable business grounds or the process wasn’t followed, you can apply to the Fair Work Commission — within 21 days of the refusal. Since 2023 the FWC can not only mediate but also arbitrate and make binding orders where the dispute can’t be resolved.
5. Seek advice and support
Contact the Fair Work Ombudsman on 13 13 94 or use their workplace problems service. If the refusal is discriminatory, you can also complain to the Australian Human Rights Commission.
Time limits are strict
You have only 21 days from the refusal to lodge a flexible-work dispute with the Fair Work Commission. Don’t delay — seek advice and act quickly if you want to challenge the decision.
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 — it 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 it helps.
Focus on business continuity
Show how your work will still get done. Demonstrate that you understand the business needs and have considered how to minimise 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, and 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 12+ months and meet an eligibility category (parent, carer, 55+, pregnant, disabled, or affected by family violence)
Your request must be in writing and include the specific change, the reason, and the start date
Employers must respond in writing within 21 days and genuinely discuss the request with you
Employers can only refuse on reasonable business grounds — not convenience, preference, or precedent
If refused unreasonably, you can dispute it at the Fair Work Commission within 21 days — and since 2023 the FWC can make binding orders
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 helps track and document flexible work arrangements, while digital HR records ensure every agreement is properly documented and accessible.
Managing flexible and part-time teams doesn’t have to be hard. RosterElf makes it simple to build flexible schedules, track hours, and stay compliant — with rostering software and leave management built for Australian businesses.
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.
How do I make a flexible working request?
Put your request in writing (email is fine). State the specific change you want (for example, “reduce to 25 hours a week, Monday to Thursday”), the reason it applies to you (such as caring for a young child), and the date you want it to start. Give at least 4 weeks’ notice where you can. Your employer must respond in writing within 21 days. Our letter template above gives you a structure you can adapt.
How long does an employer have to respond to a flexible work request?
Your employer has 21 days from receiving your written request to respond in writing under the National Employment Standards. The response must either approve the request or refuse it on reasonable business grounds — and if refusing, it must explain those grounds and the consequences of the refusal, following a genuine discussion with you.
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 within 21 days — and since the 2023 changes it can arbitrate and make binding orders. 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.
