Managing Flexible Work Requests Under the New Rules

Requests for flexible working arrangements are now a formal part of the employment relationship, not an informal chat you can handle however you like. The Fair Work Act sets out who can ask, what they can ask for, and — importantly — what you have to do before you're allowed to say no. Getting the process right matters more than the answer you land on, because a request refused the wrong way can be challenged even when the refusal itself was reasonable.

Who can make a request, and for what

The right to request flexible working arrangements is available to employees who meet an eligibility test — typically tied to length of continuous service and to specific circumstances such as being a parent or carer of school-aged children, having a disability, being aged over a certain threshold, experiencing family or domestic violence, or caring for someone who is. The scope has broadened over successive amendments, so check the Fair Work Ombudsman's current guidance rather than relying on what applied a few years ago.

The kinds of change an employee can request are wide: altered start and finish times, compressed hours, part-time arrangements, working from home, or a mix. A request must be in writing and must set out the change wanted and the reasons for it. That written trigger is what starts your formal clock, so treat the first written request as the beginning of a process, not a background item to get to later.

The steps you're actually required to follow

Once you receive a valid written request, you must respond in writing within the period the Act specifies. Before you can refuse, you're required to genuinely try to reach agreement with the employee, discuss the request with them, and consider the consequences of refusal. You can't simply reply "no" — even a well-founded no is procedurally defective if you skipped the discussion.

• Acknowledge the request promptly and arrange a conversation.
• Discuss the request and explore whether a modified version could work — different days, a trial period, a partial arrangement.
• If you can't agree, put your decision in writing within the required timeframe.
• If you refuse, the written response must explain the business grounds, set out any alternative arrangement you're willing to offer (or state that there isn't one), and explain the employee's avenues if they disagree.

What counts as a reasonable business ground to refuse

You can only refuse on reasonable business grounds, and the Act gives examples: the arrangement would be too costly; other employees' arrangements can't be changed to accommodate it; it would be impractical to change other employees' arrangements or recruit new staff; it would likely result in a significant loss of efficiency or productivity; or it would likely have a significant negative impact on customer service. "It doesn't suit us" is not a ground. "We tried a fortnight's trial and rostering broke down in these specific ways" is the kind of concrete, evidenced reasoning that holds up.

Document your thinking as you go. If a dispute later reaches the Fair Work Commission, the question won't only be whether your grounds were sound — it'll be whether you engaged genuinely and explained yourself properly at the time.

Handling disputes without them escalating

The Commission now has a role in dealing with disputes about flexible work requests, including the power to arbitrate in some cases. The practical implication is that the process is enforceable, so the quality of your paper trail matters. Most disputes don't get there, though. They're avoided by treating the request seriously, offering a trial where you're genuinely unsure, and being transparent about the operational constraints you're weighing.

A trial period is often the most useful tool you have. It lets you test whether the arrangement actually causes the problems you're worried about, gives the employee a fair go, and — if it doesn't work — gives you real evidence rather than speculation to point to.

Build it into your systems, not your memory

Flexible work requests arrive unpredictably, so the businesses that handle them well have a standing process rather than improvising each time. A short internal checklist, a template acknowledgement, a template written response, and a diarised reminder for the response deadline will keep you compliant even when the request lands in a busy week. If you're thinking about how HR obligations like this fit into a broader operating rhythm, our People hub and the guide to systemising your business are good places to start.

This is general information, not legal advice. Flexible work rules change and depend on your circumstances and applicable award or agreement — check the Fair Work Ombudsman's current material or get advice for a specific situation.