Fair Work Act and flexible work

On 1 December 2018 a Fair Work Commission ruling came into effect making many employees eligible to request flexible working arrangements (with regards to the hours, location and/or pattern of their work). This is an important change for many workers whose workplaces do not offer flexible working arrangements as a matter of course.

Want to go beyond compliance? DCA recommends that organisations aspire further than their obligations under the Fair Work Commission’s ruling and mainstream flexibility by using our evidence-based Future-Flex framework and resources on flexibility.

Who can request flexible working arrangements under this ruling?

Full- and part-time employees can request flexible working arrangements if they’ve worked with the same employer for at least 12 months, and:

  • have caring responsibilities for a child who is school-aged or younger
  • are a carer (under the Carer Recognition Act 2010)
  • are a person with disability
  • are 55 or older
  • are pregnant
  • are experiencing family and domestic violence, or
  • provide care or support to an immediate family or household member who is experiencing family and domestic violence.

Casual employees may also be eligible to request flexible working arrangements.

Employers are obliged to make a genuine attempt to reach an agreement. If employers refuse the request, they need reasonable documented business grounds to back up their decision. 

Reasonable business grounds can include:

  • the requested arrangements are too costly
  • other employees’ working arrangements can’t be changed to accommodate the request
  • it’s impractical to change other employees’ working arrangements or hire new employees to accommodate the request
  • the request would result in a significant loss of productivity or have a significant negative impact on customer service.

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