Flexible Work Arrangements: Who Can Request & How to Apply (2026 Guide)
Your guide to requesting flexible work in Australia. Covers expanded eligibility under 2023 changes, types of flexible arrangements, the formal request process, when employers can refuse, and your right to appeal through the Fair Work Commission.
Expanded eligibility under the 2023 changes
The right to request flexible working arrangements has been significantly strengthened by amendments to the Fair Work Act that took effect on 6 June 2023. Under section 65 of the Act, an employee who has completed at least 12 months of continuous service can request flexible work if they meet one or more of the following criteria: they are a parent or have responsibility for the care of a child who is school age or younger; they are a carer (within the meaning of the Carer Recognition Act 2010); they have a disability; they are 55 or older; they are experiencing family or domestic violence; or they are experiencing the effects of family or domestic violence. Additionally, a parent or person with responsibility for a child's care can request flexible arrangements at any point until the child reaches school age, regardless of length of service. Casual employees can also request flexible work if they have been employed on a regular and systematic basis for at least 12 months and have a reasonable expectation of continuing employment. The 2023 amendments also expanded the types of circumstances that qualify, broadened the FWC's powers to deal with disputes, and placed greater obligations on employers to genuinely consider requests.
Types of flexibility: hours, location, patterns
Flexible work arrangements can take many forms, and the legislation does not limit what you can request. Common types of flexible work include: changes to hours of work — starting earlier or later, compressed work weeks (e.g., working four longer days instead of five), or reduced hours; changes to location — working from home, a different office, or a combination of office and remote work; changes to patterns of work — job-sharing, shift swaps, or different rostering arrangements; and changes to work arrangements during pregnancy, return from parental leave, or during family/caring responsibilities. Your request should specify the change you are seeking, the reason for the request (linked to one of the eligible circumstances), and the date you would like the arrangement to start. You should also address how you believe the arrangement can work practically — for example, how you will maintain communication with your team, attend meetings, and manage your workload. Be specific rather than vague: instead of asking to 'work flexibly', specify that you would like to work from home on Tuesdays and Thursdays, or adjust your start time from 9am to 10am. A clear, detailed request is harder for an employer to refuse.
The formal request process
To make a formal request for flexible work, you must put it in writing. While there is no prescribed form, your request should include: a statement that you are making a request under section 65 of the Fair Work Act, the change you are seeking (be specific), the reason for the request and which eligible circumstance applies to you, the proposed start date, and any information about how the arrangement could work in practice. Send your request to your manager or HR department by email so you have a dated record. Your employer must respond in writing within 21 days. Before responding, the employer must discuss the request with you — this is a mandatory step introduced by the 2023 amendments. The discussion should explore the reasons for the request, the consequences of refusal, and any alternative arrangements that could accommodate your needs. The employer can grant the request, grant it with modifications (if you agree), or refuse it. If the employer agrees, the arrangement should be documented in writing, including the details of the arrangement, the start date, and any review date. If you and your employer agree to trial the arrangement for a set period, make sure the trial terms are clear and in writing.
Employer can only refuse on reasonable business grounds
Under the 2023 amendments, an employer can only refuse a flexible work request on 'reasonable business grounds'. The Act provides examples of what may constitute reasonable business grounds: the requested arrangement would be too costly, there is no capacity to change other employees' working arrangements to accommodate the request, it would result in a significant loss of efficiency or productivity, it would have a significant negative impact on customer service, and the requested arrangement is impractical given the nature of the employee's role. Importantly, the employer must explain which business grounds apply and how they apply to the specific request. A generic refusal is not sufficient. The employer must also explain what alternative arrangements (if any) they can offer, and confirm that they discussed the request with the employee before refusing. If the employer refuses, they must confirm in writing: the reasonable business grounds for the refusal, whether they discussed alternative arrangements, and what alternatives (if any) were offered. The employer cannot refuse simply because 'we have always done it this way', because they do not trust employees to work from home, or because of a blanket company policy against flexible work. Each request must be assessed on its individual merits.
Your right to appeal through the Fair Work Commission
One of the most significant changes introduced in 2023 is the FWC's expanded power to deal with flexible work disputes. Previously, the FWC could only make recommendations — now it can make binding orders. If your employer refuses your request, fails to respond within 21 days, or does not follow the required process (including the mandatory discussion), you can apply to the Fair Work Commission for an order. The FWC can order the employer to grant the request (in full or with modifications), grant a different flexible arrangement, or simply comply with the discussion and response obligations. The FWC will consider the same factors an employer should have considered: the employee's needs and circumstances, the consequences of refusal, the business grounds cited by the employer, and any alternative arrangements that could work. There is no fee to apply to the FWC for a flexible work dispute. The matter is typically dealt with through a conciliation conference in the first instance, and if that fails, through a formal determination. The process usually takes 4-8 weeks. If you are a union member, your union can assist you with the request process and any subsequent dispute. Keep detailed records of your request, the employer's response, any discussions, and the impact of the refusal on your personal circumstances — this evidence will be important if the matter goes to the FWC.
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General information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.
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