What are flexible work arrangements?
Flexible work arrangements are changes to hours, patterns, or location of work that eligible employees can request under the NES.
Under section 65 of the Fair Work Act, eligible employees have the right to request changes to their working arrangements — including hours, patterns of work, and location. Changes introduced in June 2023 strengthened this right by requiring employers to genuinely try to reach agreement and to only refuse on reasonable business grounds after discussing alternatives.
Eligible employees include parents or carers of a child who is school age or younger, carers under the Carer Recognition Act, employees with a disability, employees aged 55 or older, employees experiencing family or domestic violence, and pregnant employees. Employees must have at least 12 months of continuous service (or be long-term regular casuals) to be eligible.
Key facts
- •Right to request is available after 12 months of continuous service (including regular casuals)
- •Eligible categories include parents, carers, employees with disability, 55+, those experiencing domestic violence, and pregnant employees
- •Employer must respond in writing within 21 days
- •Refusal is only permitted on reasonable business grounds, and the employer must first discuss and consider alternatives
- •Disputes about refusal can be taken to the Fair Work Commission since June 2023
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Employment CheckFrequently asked questions
Can my employer refuse my flexible work request?
Only on reasonable business grounds — such as excessive cost, inability to reorganise work, or significant loss of productivity. Since June 2023, your employer must discuss the request, genuinely try to reach agreement, and consider alternatives before refusing.
Can I request to work from home?
Yes. A change of location (including working from home) is a valid flexible work arrangement request. Your employer must consider it under the same rules and can only refuse on reasonable business grounds.
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.