Flexible Working Arrangements

This material is designed and intended to provide general information in summary form on legal topics, current at the time of publication, for general informational purposes only. This is not legal advice.

Please note the following information is relevant to employees covered by the federal Fair Work Act 2009 (Cth) only.

If you are a South Australian state or local government employee, different laws apply to you. Your enterprise agreement may allow for you to make a flexible working arrangement request even if you haven’t worked for your employer for 12 months. You can search for your enterprise agreement here: https://www.saet.sa.gov.au/awards-agreements-and-registers/enterprise-agreements/.

If you are unsure, contact our office for more information.

What is a Flexible Working Arrangement?

A flexible working arrangement is an agreement between you and your employer that changes your work conditions.  It can include you starting and finishing work at different times, working shorter (or longer) hours or at a different location including working from home.

Am I eligible to apply for a Flexible Working Arrangement?

Under the Fair Work Act, full-time and part-time employees must have 12 months continuous service with their employer prior to making a request for a flexible working arrangement.

If you are a casual employee, and you have 12 months of regular and systematic continuous service with your employer, you can make the request if there is a reasonable expectation of continuing employment.

Some enterprise agreements allow for anyone to make a request for a flexible working arrangement even if they have not met the minimum 12 month period, or do not meet the criteria below. If you are covered by an enterprise agreement, please check to see if it includes a flexible working arrangement clause.

You must also meet one of the following criteria:

1. You are a parent or have the responsibility for the care of a child who is school age or younger
2. You are a carer
3. You have a disability
4. You are 55 years or older
5. You are experiencing family and domestic violence
6. You provide care or support to either your immediate family, or a member of your household, and that person requires care or support due to them experiencing family violence

How do I make the request?

The request must be made in writing and set out the details of the change and the reasons for the change.  You should also include information about any consequences you would experience if the flexible working arrangement request were not approved. Use our template below to guide you.

Template: Employee request for flexible working arrangements

[ Insert Date ]

[Insert your name ]

[Insert your contact details phone, email, address]

[Insert Job title]

Dear [Insert managers name]

Re: Request for flexible working arrangements

I would like to request a flexible working arrangement under section 65 of the Fair Work Act 2009 (Cth) (Act). 

I am making this request because [insert choose from any of the applicable reasons in 1-6 above. You may have more than 1 reason to base your application on. For example: I am a parent/I am a carer/I have disability/etc]

 [You may want to note how long you have been working for, for example:

I have been working for this business for more than 12 months on a [full time/part-time or casual hours that are regular and systematic basis.] 

I would like to start working [insert details of the changes you want. [For example: shorter hours, or on less days, or starting late or new equipment]. 

I would like this flexible working arrangement to commence from [insert date] 

I am requesting this flexible working arrangement because [insert the reason why you need the flexible working arrangement].

If the request is not approved [insert any consequences – for example, I would have to drop to part-time to look after my children/ I would experience a deterioration in my health due to xxx]

Any effect that this would have on the business and my colleagues can be accommodated by [insert details for the way in which it can be accommodated. Here you are anticipating why your boss may reject the request and providing a solution in advance.]  

It would be appreciated if you could respond to this request within 21 days in accordance with the Act. 

I am more than willing to discuss this request at a time that is convenient to you. In addition, I am agreeable to discussing possible alternatives to make sure this arrangement can be suitable for both of us.  

Thank you in advance.  

[Insert your name]

If your employer rejects your request, or does not reply within 21 days, you may be able to lodge a dispute in the Fair Work Commission. Please call us for further information.