Flexible work rights

Many working from home arrangements are agreed informally: you ask your manager, they say yes, and you work out the details together. But when an informal approach doesn't work, or you want the protection of a formal process, the Fair Work Act gives eligible employees a right to request flexible working arrangements, including working from home. Employers must respond within a set time and can refuse only on reasonable business grounds.

This guide explains who can make a request, how to make one, what your employer must do and how disputes are resolved. It's general information only; check the Fair Work Ombudsman's guidance and get advice for your situation.

What counts as a flexible working arrangement?

Flexible working arrangements can include changes to:

• Where you work, such as working from home some or all of the time.
• Your hours, such as starting and finishing times or the number of hours.
• Your patterns of work, such as split shifts or job sharing.

Working from home is one of the most commonly requested arrangements.

Who can make a request?

Under the National Employment Standards, an employee can request flexible working arrangements if they have worked for their employer for at least 12 months and they:

• are pregnant;
• are the parent, or have responsibility for the care, of a child who is school age or younger;
• are a carer under the Carer Recognition Act;
• have a disability;
• are 55 or older;
• are experiencing family and domestic violence; or
• provide care or support to a member of their immediate family or household who is experiencing family and domestic violence.

According to the Fair Work Commission, casual employees can also make a request if they meet one of these criteria, have worked for the employer for at least 12 months on a regular and systematic basis, and have a reasonable expectation of continuing to do so.

Your award, enterprise agreement, contract or workplace policy may give broader rights, so check those too.

How to make a request

A formal request must be in writing and explain what change you're asking for and the reasons for it. A clear request might include:

• The arrangement you want, such as working from home on set days each week.
• When you'd like it to start and whether it's ongoing or for a set period.
• How your circumstances relate to the request.
• How you'll ensure the work gets done: availability, communication, equipment and how you'll stay connected with your team.
• A suggestion for a trial period, if you think it would help.

Keep a copy of your request and note the date you sent it.

What your employer must do

According to the Fair Work Ombudsman, an employer that receives a request must respond in writing within 21 days, saying whether it's approved or refused. Before refusing, the employer must:

• discuss the request with you;
• genuinely try to reach agreement on alternative arrangements to accommodate your circumstances; and
• consider the consequences for you of refusing.

If the employer refuses, the written response must include the reasons, explain the business grounds and how they apply, and set out any changes the employer is willing to make instead, as well as information about how disputes can be resolved.

Reasonable business grounds

An employer can only refuse a request on reasonable business grounds. The Fair Work Ombudsman says these can include that:

• the arrangements would be too costly;
• other employees' working arrangements can't be changed to accommodate the request;
• it would be impractical to change other employees' arrangements or hire new employees;
• the request is likely to cause a significant loss in efficiency or productivity; or
• the request would have a significant negative impact on customer service.

The employer's size and the nature of its business can be taken into account.

If your request is refused

If your request is refused, or your employer doesn't respond within 21 days, first try to resolve the issue at the workplace. Ask for a meeting to discuss the reasons and possible alternatives, such as fewer days at home, a trial period or different hours. Check whether your award or agreement has a dispute resolution procedure.

If the dispute can't be resolved, you can apply to the Fair Work Commission. The Commission can deal with disputes about flexible work requests, first through conciliation or mediation, and if needed can make orders, including that the employer grant the request or make specified changes.

Other ways to get flexibility

• Informal agreement. Many arrangements are agreed simply by talking to your manager.
• Individual flexibility arrangements. Employers and employees can negotiate to change how certain award or agreement terms apply, provided the employee is better off overall.
• Workplace policies. Many organisations have hybrid or flexible work policies that set out what's available.
• Enterprise agreements and contracts. These may include flexibility terms.

Health and safety at home

If you work from home, your employer's work health and safety duties continue. According to Safe Work Australia, employers must manage risks to physical and psychological health so far as reasonably practicable, and may set conditions on working from home, such as workstation checks. If working from home isn't safe, they must provide a safe alternative. Read our home office setup guide.

Protection from adverse action

Under the Fair Work Act, employers must not take adverse action against employees for exercising workplace rights, which include making a request under the National Employment Standards. If you think you've been treated unfairly for making a request, contact the Fair Work Ombudsman or seek advice.

Tips for a successful request

• Focus on the work. Show how you'll deliver results and stay connected.
• Anticipate concerns. Address likely questions about availability, collaboration and supervision.
• Be flexible. Consider compromises such as hybrid arrangements or trial periods.
• Keep records. Document your request, discussions and responses.
• Review and adjust. Agree to review the arrangement after a set period.

Where to get help

The Fair Work Ombudsman provides free information and advice about flexible working arrangements, and the Fair Work Commission explains how to apply for help with a dispute. Unions and community legal centres can also advise employees.

Keeping it constructive

Approach a request as a conversation. Show you have thought about how the work will get done, and be open to a trial period or a review date.

Key points

Eligible employees with 12 months' service can make a written request for flexible work, including working from home. Employers must respond in writing within 21 days and can refuse only on reasonable business grounds after discussing the request and considering alternatives. Disputes can go to the Fair Work Commission.