How to respond to flexible work requests
A complete guide to handling employee requests for flexible working arrangements. Learn your obligations, the 21-day response rule, when you can reasonably refuse, and what to include in your response letter.
Written by
Georgia Morgan
General information only – not legal advice
This guide provides general information about responding to flexible work requests in Australia. It does not constitute legal, HR, or professional advice and should not be relied on as a substitute for advice specific to your business, workforce, or circumstances.
What is a flexible work request?
A flexible work arrangement is any change to the standard terms of an employee's work. This includes changes to hours of work (start and finish times, part-time, compressed weeks), patterns of work (different days, split shifts), or the location of work (working from home, remote sites). Employees make a request in writing and employers must respond within 21 days.
Before June 2023, employers could refuse flexible work requests without having to formally justify their decision. The Fair Work Act amendments changed this significantly: employers must now genuinely try to reach agreement and can only refuse on specific, reasonable business grounds.
Key requirement from 6 June 2023
Employers must respond within 21 days and can only refuse requests from eligible employees on reasonable business grounds. Before refusing, you must discuss the request and genuinely try to reach agreement — a blanket "no" is no longer sufficient.
Who can request flexible work?
Employees with 12+ months of continuous service (or regular casuals with 12+ months) in the following categories have the right to request under the National Employment Standards:
Parents
Parent or carer of a child who is school age or younger
Carers
Carer (within meaning of Carer Recognition Act 2010)
Disability
Person with disability
Over 55
Aged 55 years or older
Family violence
Experiencing family and domestic violence
Supporting victim
Supporting immediate family/household member experiencing family violence
Pregnant
Pregnant employees (added June 2023)
Returning from parental leave
Employees returning from parental leave
Note: From 6 June 2023, all employees can make a flexible work request regardless of category. However, employees in the categories above have the strongest legal protections — their requests can only be refused on reasonable business grounds after genuine discussion.
The 21-day rule explained
The 21-day clock starts from the day you receive the written request. Your written response must arrive within those 21 calendar days. Missing this deadline is treated as a failure to respond — employees can treat it as a refusal and take the matter to the Fair Work Commission.
Day 1
Receive the written request. Acknowledge it promptly.
Days 1–18
Discuss the request. Explore options. Genuinely try to reach agreement.
By day 21
Send written response: approve, offer alternative, or refuse with grounds.
What must your written response include?
If you approve
State the approved arrangement clearly in writing. Specify any conditions, start date, or review period.
If you offer an alternative
Describe the alternative arrangement and explain why it addresses the employee's needs while managing the business impact.
If you refuse
State the specific reasonable business grounds. Explain how those grounds apply to this employee's particular situation. Describe consequences you considered. Offer any alternatives. Advise of the right to dispute at the Fair Work Commission.
What counts as reasonable grounds?
Cost (Valid)
Significant additional costs for equipment, supervision, or systems
Capacity (Valid)
Inability to organise work among existing staff or hire replacement
Productivity (Valid)
Significant loss of productivity or performance
Customer impact (Valid)
Negative impact on customer service during required hours
WHS concerns (Valid)
Genuine workplace health and safety issues
Personal preference (Not valid)
"I prefer everyone in the office"
No reason given (Not valid)
Refusal without genuine business grounds
Punishment (Not valid)
Refusing because the employee requested it
What a valid refusal notice must include
- The specific reasonable business grounds (not vague generalities)
- How those grounds apply to this employee's particular situation and role
- The consequences you considered in deciding to refuse
- Any alternative arrangements you are willing to offer
- The employee's right to dispute the decision at the Fair Work Commission
The Fair Work Commission can scrutinise refusals in detail. In Gration v Bendigo Bank [2024] FWC 717, the Commission upheld a refusal where the employer demonstrated specific operational reasons. Generic refusals are unlikely to withstand scrutiny.
The response process in 6 steps
Receive the written request
Employees must make flexible work requests in writing, explaining the change and reasons.
- The request should be in writing (email or letter)
- It should specify what change they want
- It should explain why (though you can't demand detail)
- Acknowledge receipt promptly
Check if the employee is eligible
Certain employees have the right to request flexible work under the NES.
- Must have 12+ months service (or regular casual for 12+ months)
- Eligible if: parent of school-age child, carer, disability, 55+, experiencing family violence, pregnant, or returning from parental leave
- From 6 June 2023: all employees can request, but NES-eligible have stronger rights
- Even if not eligible under NES, consider the request anyway
Discuss the request with the employee
Have a genuine conversation to understand what they need and explore options. You must genuinely try to reach agreement.
- Must discuss the request within 21 days if they're NES-eligible
- Understand exactly what they're asking for
- Explore whether the request can work as-is
- Consider alternatives that might meet their needs
- Document the discussion — date, who attended, what was discussed
Assess the impact on your business
Consider whether the request would cause genuine operational difficulties.
- Look at impact on other staff, customers, productivity
- Consider costs of any changes needed
- Think about whether alternatives could work
- Be honest but reasonable in your assessment
- Consider the consequences for the employee of refusing
Make your decision
Decide whether to approve, offer an alternative, or refuse on reasonable business grounds.
- Can approve the request as-is
- Can offer an alternative arrangement
- Can refuse only on reasonable business grounds
- Must genuinely try to reach agreement before refusing
Respond in writing within 21 days
Provide your decision in writing with reasons if refusing. Your written response must include specific details.
- Respond within 21 days of receiving the request
- If refusing: state the specific reasonable business grounds
- Explain how the grounds apply to the employee's situation
- Explain the consequences of refusing you considered
- Offer any alternative arrangements you are willing to make
- Advise the employee of their right to dispute at the Fair Work Commission
- Keep a copy for your records
Sample response letters
Use these examples as a starting point for your approval and refusal letters. Adapt to your specific situation. The Fair Work Ombudsman also provides free downloadable templates.
Sample approval letter
To: [Employee name]
From: [Your name and title]
Date: [Date — within 21 days of receiving the request]
Re: Response to your flexible work request
Dear [Employee name],
Thank you for your request dated [date] for a flexible working arrangement. Following our discussion on [date], I am pleased to confirm that we can accommodate your request.
Agreed arrangement:
- • [Describe the approved arrangement, e.g., "Work from home on Tuesdays and Thursdays"]
- • Start date: [Date]
- • Review date: [Optional — e.g., "We will review this arrangement in 3 months"]
Please confirm your acceptance of this arrangement. If you have any questions, please don't hesitate to contact me.
Sample refusal letter
To: [Employee name]
From: [Your name and title]
Date: [Date — within 21 days of receiving the request]
Re: Response to your flexible work request
Dear [Employee name],
Thank you for your request dated [date] and for our discussion on [date]. After careful consideration, we are unable to approve your request for the following reasons:
Reasonable business grounds:
[State the specific grounds, e.g., "Your role requires in-person supervision of the [team/department] during these hours. Approving this arrangement would mean [specific operational impact], which would cause significant loss of productivity/customer service."]
How we considered the consequences:
[e.g., "We considered the impact on your work arrangements and explored whether [alternative] could address both needs, but concluded this was not operationally feasible because [reason]."]
Alternative arrangement we can offer:
[If applicable: "While we cannot approve your full request, we are willing to offer [alternative arrangement]."]
Your right to dispute: If you are dissatisfied with this decision, you may contact the Fair Work Commission to seek resolution of this dispute. Further information is available at fairwork.gov.au.
Managing flexible arrangements with your roster
Once a flexible arrangement is agreed, the practical challenge is keeping your roster and time and attendance records up to date. Different employees working different patterns requires a system that can handle individual variations without confusion.
Update your roster system
Record the agreed arrangement in your rostering software so managers and colleagues have visibility of when the employee is available.
Communicate changes to the team
Ensure affected colleagues know about the new schedule. Clarity prevents confusion about coverage and responsibilities.
Track time accurately
Use time and attendance tools that can capture the employee's adjusted hours and flag any deviations.
Set a review date
Build in a formal review date (e.g., 3 or 6 months) to assess whether the arrangement is working for both sides.
RosterElf tip: Use RosterElf's rostering software to manage different shift patterns across your team. You can set individual availability rules and keep managers informed of each employee's agreed arrangements.
Manage flexible work
RosterElf makes it easy to accommodate flexible work arrangements with availability and rostering tools. Built for Australian small businesses.
Related guides
More resources for managing leave and HR processes.
Reduce compliance risk
Join thousands of Australian businesses using RosterElf to support your compliance efforts with workplace laws. Built for Australian small businesses.
Frequently asked questions
- Under the NES, employees with 12+ months service in certain categories (parents of school-age children, carers, people with disability, over 55, experiencing family violence, pregnant, or returning from parental leave) have the right to request. From June 2023, employers must genuinely try to reach agreement with eligible employees.
- No, but you can only refuse on reasonable business grounds. You must discuss the request, genuinely consider it, and if refusing, explain the specific business reasons in writing. Simply not wanting to allow flexibility isn't a valid ground.
- Flexible working arrangements can include: changed hours of work, changed patterns of work (e.g., split shifts), working from home, job sharing, part-time work, compressed weeks, or changes to start/finish times. The employee specifies what they're requesting.
- You must respond in writing within 21 days of receiving the request. Your response must either grant the request, offer an alternative, or refuse with reasonable business grounds specified.