Working Parents, Carers and More: You Have a Legal Right to Ask for Flexibility at Work

Most people think flexible working is something you ask for as a favour. But under Australian law, certain employees actually have a legal right to request flexible working arrangements, and employers can’t just brush it aside.

If you’ve been with your employer for at least 12 months, and you fall into one of the qualifying categories, you’re entitled to request changes to your work that help you manage personal circumstances. This includes if you're pregnant, a parent of a school-aged child or younger, a carer, someone with a disability, over 55, or dealing with family or domestic violence; either directly or by supporting someone close to you.

The kinds of changes you can request are broad. You might ask to start later or finish earlier. You could request to work fewer days, job share, compress your hours into fewer shifts, or work from home. What matters is that the arrangement helps you meet your needs, and that you clearly explain what you’re asking for and why.

You must make the request in writing. That request needs to include specific details of what changes you’re seeking and the reasons for needing them. Once your employer receives the request, they are legally required to respond in writing within 21 days. They can approve it, propose a compromise, or refuse it; but if they refuse, they must have a genuine business reason and follow a specific process.

Employers can only refuse on what's called ‘reasonable business grounds.’ This might include things like the proposed arrangement being too costly, significantly impacting productivity or customer service, or not being practical due to staffing limitations. But before refusing, they have to discuss the request with you, try to find alternatives, and consider how the refusal would affect you. They can’t just say no without explanation. The reasons must be detailed in writing, and any alternative arrangements they’re willing to offer should be clearly laid out.

This right applies to casual employees too, if you’ve been working regularly and systematically for at least 12 months, and there’s a reasonable expectation of ongoing work, you can still make a request.