Requests for Flexible Working Arrangements from Employees
Under the National Employment Standards, every employee who has a responsibility for the care of a:
(a) child under school age; or
(b) person under 18 years of age who has a disability,
may request a change in working arrangements to assist him or her in caring for the child or person.
A request from an employee for flexible working arrangements could include:
- proposing to work from a different workplace that is closer to the employee's home; or
- staring work earlier so that the employee can then finish work earlier in the day; or
- proposing to work from home; or
- converting from full-time employment to either part-time or casual employment.
Note that the above are merely examples of common requests, and an employee may make any type of request for flexible working arrangements.
This type of request can only be made by an employee if the employee:
1. has worked continuously for you for at least 12 months; or
2. is a casual employee, has worked continuously for you for at least 12 months, and has a reasonable expectation of continuing employment on a regular and systematic basis.
The request from the employee must be in writing, and set out the details of the change sought and the reasons for the change.
Once you receive the employee's written request, you must respond in writing within 21 days stating whether or not you agree to the employee's request (if you refuse the request, you must provide reasons). You can only refuse the request on reasonable business grounds.
Note that the Fair Work Act does not define what are 'reasonable business grounds', and if you intend to refuse an employee's request, the reasons you provide for the refusal should be reasonable in all the circumstances.
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