Who has the right to request flexible work?

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.

Do I have to approve every flexible work request?

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.

What counts as flexible work?

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.

How long do I have to respond?

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.

What are reasonable business grounds for refusal?

Reasonable grounds include: the arrangement would be too costly, impractical to organise work among remaining staff, significant loss of efficiency or productivity, significant negative impact on customer service, or inability to recruit a replacement. Each situation must be assessed on its facts.

Can I offer an alternative instead?

Yes. If you can't accommodate the exact request, you should try to find an alternative that meets the employee's needs while working for the business. Discuss options before responding – there may be a middle ground.

What if I refuse and the employee disputes it?

From June 2023, employees can take disputes about flexible work to the Fair Work Commission if workplace-level discussions fail. The FWC can make orders about whether the refusal was on reasonable business grounds and what arrangements should apply.

Can I trial flexible arrangements before committing?

Yes, agreeing to a trial period is a good approach when you're uncertain. Set a review date and criteria for assessing whether it's working. Document the trial terms and review genuinely at the end.

How do I manage flexible work with rosters?

Update your rostering system to reflect agreed arrangements. Communicate changes to affected staff. Use rostering software that can handle different patterns for different employees and maintain visibility.

Can flexible arrangements be changed later?

Agreed arrangements can be varied by mutual agreement. If business needs change significantly, you may be able to discuss adjustments. However, you can't unilaterally remove agreed flexibility without the employee's consent.

What records should I keep?

Keep copies of the request, any discussions (meeting notes), your response, and any agreed arrangements. These are important if there's later a dispute or if you need to review the arrangement.

What about employees who don't meet eligibility criteria?

Even if an employee isn't covered by the NES provisions, consider their request anyway. Good employers accommodate flexibility where possible. You have more discretion for non-eligible employees, but treating requests fairly is good practice.

HOW-TO GUIDE

How to respond to flexible work requests

A complete guide to handling employee requests for flexible working arrangements. Learn your obligations, the process, and when you can reasonably refuse.

8 min read • Updated January 2025

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.

HR Hub disclaimer • Modern Awards • Fair Work

Key requirement: From 6 June 2023, employers must respond within 21 days and can only refuse requests from eligible employees on reasonable business grounds. You must discuss the request and genuinely try to reach agreement.

ELIGIBILITY

Who has the right to request?

Employees with 12+ months service in these categories have stronger rights under the NES:

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

Returning from parental leave

Employees returning from parental leave

REFUSAL GROUNDS

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

STEP-BY-STEP

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, or returning from parental leave
From 6 June 2023: all employees can request (but above 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.

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

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

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

Respond in writing within 21 days

Provide your decision in writing with reasons if refusing.

Respond within 21 days of receiving the request
If refusing: explain the reasonable business grounds
If offering alternative: explain what you're proposing
Keep a copy for your records

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Related guides

More resources for managing leave and HR processes.

FAQ

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.

Regulatory sources

Fair Work - Flexible working arrangements

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