Who is eligible to request flexible work under section 65?

You generally need at least 12 months of continuous service (or be a regular casual with a reasonable expectation of continuing work) and qualify on one of the listed grounds: parent or carer of a school-age-or-younger child, carer under the Carer Recognition Act 2010, disability, 55 or older, pregnant, experiencing family and domestic violence, or supporting a household/family member experiencing it.

How long does my employer have to respond?

21 days in writing. Before refusing, the employer must discuss your request with you and genuinely try to reach agreement — including considering any changes that would accommodate your circumstances. Any refusal must be on reasonable business grounds and must set out the reasons.

What are reasonable business grounds for refusal?

Examples listed in the Act include: the change would be too costly, other employees' work arrangements can't practically be changed to accommodate the request, it would be impractical to hire new employees, or the change would likely result in a significant loss of efficiency or productivity or significant negative customer impact.

What if my employer refuses or doesn't reply?

Since June 2023 reforms, you can have the dispute arbitrated by the Fair Work Commission if the employer refuses or fails to respond within 21 days. Call the Fair Work Ombudsman on 13 13 94 to understand the next steps before escalating.

Flexible Work Request Letter (Section 65)

Free template for a flexible working arrangement request under section 65 of the Fair Work Act. Covers eligibility grounds and the 21-day response. Not legal advice.

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Flexible Work Request Letter (Section 65)

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