Flexible Working Request Australia: Free Template & Letter Generator

What Is a Flexible Working Request?

A flexible working request is a written request an employee makes to their employer to change how, when, or where they work. In Australia, the right to make this request comes from the National Employment Standards, set out in sections 65–66 of the Fair Work Act 2009. Eligible employees can ask for changes such as different start and finish times, changed working days, working from home, compressed hours, or job sharing.

The request has to be in writing and explain both the change requested and the reason for it. Employers then have obligations about how and when they respond, covered below.

Who Can Request Flexible Working Arrangements?

Anyone can ask their employer for more flexibility. The statutory right to request under the Fair Work Act is narrower and applies to employees who meet both a service requirement and a circumstance requirement.

Service requirement: permanent (full-time or part-time) employees who have worked for their employer for at least 12 months, and regular casual employees who have worked regularly and systematically for at least 12 months with a reasonable expectation their employment will continue on that basis.

Circumstance requirement: the employee must be requesting flexibility because they:

• are the parent, or have responsibility for the care, of a child who is school-aged or younger
• are a carer, within the meaning of the Carer Recognition Act 2010
• have a disability
• are 55 or older
• are pregnant
• are experiencing family and domestic violence
• are caring for or supporting an immediate family or household member who is experiencing family and domestic violence

If a state or territory law gives an employee a stronger entitlement to flexible working arrangements, that law still applies alongside the Fair Work Act. Awards, enterprise agreements, and employment contracts can also set out their own flexible working provisions.

How to Make a Flexible Working Request

1. Confirm you meet the service and circumstance requirements above.
2. Set out the specific change you want, not just "more flexibility" in general.
3. State the reason for your request and which circumstance applies to you.
4. Propose a start date, and note whether the change is ongoing or temporary.
5. Put the request in writing and give it to your employer.

What to Include in Your Request

The Fair Work Act requires a written request that sets out the change requested and the reasons for it. Beyond that legal minimum, a clearer request is easier for an employer to assess and harder to refuse without good reason.

Types of Flexible Working Arrangements

None of these arrangements is an automatic entitlement. Each request is still assessed against the eligibility rules and can be refused on reasonable business grounds.

Can an Employer Refuse a Flexible Working Request?

Yes. An employer can only refuse a request on reasonable business grounds, and only after they have discussed the request with the employee and genuinely tried to reach agreement on an arrangement that accommodates the employee's circumstances.

Examples the Fair Work Ombudsman gives for reasonable business grounds include:

• Cost — the requested arrangement would be too costly for the employer
• Capacity — there's no capacity to change other employees' working arrangements to accommodate it
• Practicality — it would be impractical to change other employees' arrangements or hire new staff
• Efficiency or customer impact — the change would be likely to cause a significant loss of efficiency or productivity, or a significant negative effect on customer service

A refusal must be in writing, name the specific business ground relied on, explain how it applies to the request, and set out any alternative arrangement the employer is willing to offer, or state that none is available. A 2025 Fair Work Commission Full Bench decision confirmed that a refusal missing this level of detail, including failing to address the consequences of refusal for the employee, is not a valid refusal even where the underlying business ground was reasonable.

How Long Does an Employer Have to Respond?

An employer must respond in writing within 21 days of receiving the request. The 21 days is the deadline for the written response, not a set schedule for when discussions or a decision have to happen.

If an employer doesn't respond within 21 days, this is treated as a refusal. If a dispute about the request or refusal can't be resolved at the workplace, either party can refer it to the Fair Work Commission, which can conciliate the dispute or, if that fails, arbitrate it, including by ordering the employer to grant the request.

Before You Submit: Checklist

• ☐ I've checked I meet the 12-month service requirement
• ☐ I've identified which eligible circumstance applies to me
• ☐ I've described the specific change I'm requesting
• ☐ I've explained the reason for my request
• ☐ I've proposed a start date
• ☐ I've decided whether the arrangement is ongoing or temporary
• ☐ I've checked my award, agreement, or employment contract for anything relevant
• ☐ My request is in writing and ready to submit

Australia-Wide Legal Considerations

The right to request flexible working arrangements under the Fair Work Act applies nationally to national system employees. Some awards and enterprise agreements include their own flexibility terms, and a small number of state and territory laws give additional entitlements in specific circumstances, particularly around family and domestic violence leave and support. Where a state or territory law gives a stronger entitlement, that law applies in addition to the Fair Work Act. Check your award, agreement, and any applicable state or territory legislation if your situation is unusual.

Frequently Asked Questions

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