Flexible Work Arrangements: Fair Work Rules
Under Fair Work flexible work arrangements, an employee with at least 12 months of continuous service (and some casuals) can ask in writing to change their hours, pattern or location of work. The employer must reply in writing within 21 days and can refuse only on reasonable business grounds.
This guide covers who can ask, how to make a request, how to respond fairly and what happens in a dispute. It sits alongside our guide to annual leave in Australia.
Fair work flexible work arrangements: what the law says
The rules sit in the National Employment Standards, which apply to most private-sector employees in the national system. The table lays out the main points.
| Item | What the rule is | Why it matters |
|---|---|---|
| Who can ask | Employees with at least 12 months of continuous service, and some casuals | Short-service staff may not have the right to ask under the NES |
| Form of request | In writing, saying what change you want and why | A written trail protects both sides |
| Employer response | In writing within 21 days | Silence is not a valid answer |
| Grounds for refusal | Reasonable business grounds only | An employer needs real reasons, not preference |
| Disputes | Can be taken to the Fair Work Commission | There is a formal path if talks fail |
| Public sector | NSW state public sector employees are covered by the NSW state system | Check which system covers you |
A fair outcome is usually reached by conversation first, because rosters, site access and client needs shape what is possible.
Fair work flexible work arrangements for employees
Certain circumstances are recognised in the Fair Work Act, though you should confirm the current list with the Fair Work Ombudsman. Common situations include the following.
- You are a parent, or have caring responsibilities for a child who is school age or younger, and you need different start or finish times.
- You are a carer for a family member who is ill, injured or has a disability, and you need adjusted days or hours.
- You have a disability yourself and need changes to hours or duties, which may also bring reasonable adjustment obligations.
- You are a mature-age worker who wants a phased reduction in hours; check the Fair Work Ombudsman for the age that applies.
- You are experiencing family or domestic violence, or supporting a member of your household who is, and need a safer or different schedule.
- You are pregnant and need changes to duties, hours or site arrangements during pregnancy.
How to make a flexible work request
Preparation helps. A clear, practical request is easier to approve than a general wish.
- Check that you meet the service requirement, including 12 months of continuous service, or that you are one of the casuals who can ask.
- Decide the exact change you want, such as starting later, working from home on set days or compressing hours into fewer days.
- Write the request and include the change, when it should start and the reason, even where the reason is not legally required.
- Suggest how the work will still be covered, such as handover notes, swapping shifts or adjusting site attendance.
- Give the request to your manager or HR contact and keep a copy, with the date you sent it.
- Diarise 21 days from the date of the request, and follow up in writing if you have not had a reply.
Fair work flexible work arrangements for employers
Responding well protects you from disputes. The steps below keep the process fair and documented.
- Acknowledge the request promptly and diarise the 21-day deadline, since the reply must be in writing within that time.
- Meet with the employee to understand the need, the proposed arrangement and any alternatives that would work for both sides.
- Assess the effect on the roster, customers, safety, cost and other staff, and use evidence from the real workplace rather than assumptions.
- Decide whether to approve in full, approve in part or refuse, and refuse only on reasonable business grounds.
- Reply in writing with your decision and clear reasons, and offer any alternative arrangement you can accommodate.
- Record the arrangement, review it after a trial period and update payroll and rosters, including any award entitlements that change.
Types of flexible work arrangements
The right option depends on the role. A site-based crew has fewer choices than an office team.
| Arrangement | What it involves | Check before agreeing |
|---|---|---|
| Changed start and finish times | Shifting the daily pattern while keeping total hours | Site access, handover and award span of hours |
| Part-time or reduced hours | Fewer hours per week, with pro rata leave | Minimum engagement rules in the award or agreement |
| Compressed week | The same hours worked in fewer, longer days | Fatigue risk and overtime rules |
| Work from home | Some or all hours worked away from the workplace | WHS duties, equipment and the right to disconnect |
| Job sharing | Two employees share one role | Handover, supervision and pay |
| Phased return | Gradual increase in hours after leave or illness | Medical advice and workers compensation rules |
Flexible working for casual, part-time and labour hire staff
Employment type changes how a request works. Casuals rostered across two sites in the same week often feel this most.
- Some long-term casuals can ask, but not every casual qualifies, so confirm your eligibility with the Fair Work Ombudsman before you write the request.
- Casual employees can also notify the employer after 6 months, or 12 months with a small business employer, that they want to convert to permanent work.
- Part-time employees may agree hours with the employer, and minimum engagement rules come from the award or agreement, not the NES.
- Labour hire workers are employed by the provider, so send the request to the provider and discuss site needs with the host.
- Leave still accrues on actual hours worked, so a reduction in hours reduces annual leave accrual, and casuals get no paid leave.
- Right to disconnect rules apply from 26 August 2024 for most employers and from 26 August 2025 for small business.
Common mistakes to avoid
- Making a verbal request only, then having no proof of what was asked or when the 21 days started.
- Refusing because "we have always done it this way", which is a preference rather than a reasonable business ground.
- Replying late or not at all, which can cause a dispute and damage trust between the employee and manager.
- Agreeing to a change but not updating the payroll, so the pay, penalties or leave accrual are wrong after the first pay run.
- Treating carer or parent requests as a performance problem, rather than a legitimate request with legal protections.
Fair work flexible work arrangements FAQ
Can my employer refuse a flexible working request?
Yes, but only on reasonable business grounds, and the refusal must be in writing within 21 days. The reply should explain the reasons. If you disagree, talk to your employer first, then seek help from the Fair Work Ombudsman or ask whether the Fair Work Commission can deal with the dispute.
Who can ask for flexible working arrangements?
Employees with at least 12 months of continuous service can ask, and some casuals as well. Certain circumstances such as caring responsibilities, disability, pregnancy or family violence are recognised in the Fair Work Act. Check the current list on the Fair Work Ombudsman website because eligibility details can vary.
Does a flexible arrangement change my pay or leave?
It can. Fewer hours mean lower pay, and annual leave accrues on ordinary hours worked, so accrual also reduces. Casuals do not receive paid annual or personal leave. Check your award or agreement for penalty rates and minimum engagements, and see the sick leave in Australia guide.
Can flexible working include parental leave or returning from leave?
Yes. Many requests follow parental leave, and a phased return is a common arrangement. Read our guide to paid parental leave for leave entitlements, and make the written request early so the employer has time to plan the roster before you return.
This is general information, not legal, tax or financial advice, so check the Fair Work Ombudsman, the ATO or an employment lawyer for your situation. For the wider picture, read our guide to annual leave in Australia, or visit our host employer labour hire page to talk to us.