When an employee makes a flexible work request, the employer must respond carefully, within the required timeframe and for reasons the Fair Work Act 2009 permits. A practical flexible work request response template employer document should record the request, the consultation process, the decision, any agreed changes and—if refusing—the specific business grounds relied on.

This guide explains how Australian employers should respond to requests under section 65 of the Fair Work Act 2009. It is designed for owners, HR managers and practice managers who need a defensible written response, not a casual email that creates confusion later.

What is a flexible work request response template for employers?

A flexible work request response template is a structured letter or form used to acknowledge an eligible employee’s request, document consultation and communicate the employer’s decision. It should distinguish between an approval, a negotiated alternative and a refusal.

Flexible work can involve changes to hours, patterns or location of work. Examples include changed start and finish times, compressed hours, part-time work, job sharing or working from home. The request must generally be made in writing and explain the change sought, the proposed start date and the reasons for it.

The employer should check eligibility, review the operational impact and genuinely discuss alternatives before deciding. The Fair Work Ombudsman’s flexible working arrangements guidance is a useful reference point, but employers should also check the relevant Modern Award, enterprise agreement and contract.

When must an employer respond to a flexible work request?

An employer must provide a written response within 21 days after receiving a request. The response must say whether the request is approved or refused. If the employer agrees to a different arrangement after discussion, the written response should clearly set out the alternative that has been accepted.

Eligible employees can include employees who are parents or carers, employees with disability, employees aged 55 or older, employees experiencing family or domestic violence, and employees supporting someone experiencing it. Eligibility rules and exceptions can apply, so employers should verify the current NES position before sending the response.

Do not leave the request unanswered while waiting for a perfect policy. Send an acknowledgement, schedule consultation promptly and diarise the 21-day deadline. A written record of each step can be important if the decision is later challenged.

What should an employer flexible work request response template include?

A sound flexible work request response template employer document should include the following sections:

Keep the letter factual. It is not necessary to repeat personal information more broadly than needed. Store the request and response with the employee’s employment records and restrict access to people who need it for HR or management purposes.

How should an employer consult before deciding?

Consultation is more than asking whether the employee is flexible. Start by confirming what arrangement is being requested and what outcome the employee is trying to achieve. Then assess coverage, customer service, supervision, safety, team coordination, workload, technology and cost.

Ask whether a different start date, trial period, roster, location or number of days could address the same need. Record the alternatives discussed and explain why an option was accepted or could not work. This approach helps the employer make a reasoned decision and may produce a workable arrangement without a formal refusal.

Questions to cover in the consultation meeting

• What exact hours, work pattern or location is proposed?
• Which duties need face-to-face attendance or fixed coverage?
• Could a trial or review period manage the operational risk?
• What alternative arrangement would meet the employee’s need?
• How will performance, communication and availability be measured?

Employers should apply consistent criteria while considering the individual request. A blanket “we do not allow flexible work” response is risky because the statutory process requires the request to be considered on its merits.

When can an employer refuse a flexible work request?

An employer can refuse a request only on reasonable business grounds. The legislation gives examples such as significant cost, a substantial detrimental effect on productivity or customer service, impracticality of changing other employees’ arrangements, or a significant negative impact on the business.

The response should identify the actual ground and explain the facts supporting it. “Management does not prefer remote work” is not the same as a business ground. Explain the relevant role requirements, coverage problem, customer impact, cost or productivity evidence, and why alternatives were not workable.

Where appropriate, propose a different arrangement. A refusal letter should also tell the employee about the dispute pathway available under the NES and any applicable award or agreement. Obtain legal advice before refusing a sensitive request, particularly where disability, family and domestic violence, pregnancy or discrimination issues may overlap.

Approved response: what should the letter say?

An approval should state the arrangement precisely. Include the days and hours, workplace or remote-work location, commencement date, duration, review date and any conditions. Clarify how overtime, leave, availability, equipment, communication and roster changes will operate.

A review date is useful, but do not describe an approved arrangement as automatically temporary unless that is genuinely agreed. If the parties agree to a trial, say what will be reviewed and how much notice is required to discuss changes.

Refused response: common employer mistakes

The most common mistakes are missing the 21-day deadline, giving a verbal answer only, relying on a policy rather than the statutory test, using vague operational reasons, skipping consultation and failing to offer an alternative where one is available.

Another mistake is treating the response as a disciplinary document. A flexible work request is not misconduct. Keep performance concerns separate and address them through a fair performance process. If an employee later raises a dispute, preserve the original request, meeting notes, rosters, operational data and the final response.

Fair Work Centre’s general employment documents hub can help employers organise practical HR templates. For broader contract and policy consistency, review the employment contracts guide and the recent employment contract variation letter template guide. Employers managing an ongoing workplace issue can also use the performance management guide.

Practical checklist before sending the response

1. Confirm the request is in writing and identify the requested change.
2. Check eligibility, the NES, the applicable Modern Award and any agreement.
3. Meet with the employee and document genuine consultation.
4. Assess operational impacts using specific information, not assumptions.
5. Consider and record reasonable alternatives.
6. Send the written response within 21 days.
7. Set up the approved arrangement or explain the refusal and dispute pathway.
8. Store the documents securely with the employee’s HR records.

Employers should use a template as a control tool, not as a substitute for judgment. The wording must match the facts of the role and the arrangement. If the request involves a protected attribute or a likely dispute, get employment law advice before finalising the response.