Your questions answered

Below are answers to commonly asked questions.

Do I have to grant flexible working arrangements?

While any employee can request flexibility from their employer, Section 65 of the Fair Work Act 2009 recognises that there are those who are entitled to request it. Employees (other than a casual employee) who have worked with the same employer for at least 12 months can request flexible working arrangements if they:

  • Are parents of a child who is school age or younger
  • Are a carer
  • have a disability
  • is 55 or older
  • Are experiencing violence from a member of the employee's family
  • Provide care or support to a member of the employee's immediate family
  • Are a member of the employee's household, who requires care or support because the member is experiencing violence from the member's family
  • There may also be specific terms in an enterprise agreement or award that grant flexible working arrangements.

Is there a difference between casual and permanent employees?

The right to request flexible working arrangements is available to employees who are continuing or on a fixed term, as well as long term casual employees have a reasonable expectation of continuing employment on a regular and systematic basis.

Employers are increasingly offering flexibility to employees to boost staff morale and to improve their physical and mental wellbeing.

Should I grant a flexible working arrangement if I don’t have to?

There are many benefits to having employees working flexibly however, this is all on a case-by-case basis. These have been highlighted in detail on page 7 of the Workplace Flexibility resource.

For more information relating to the laws regarding flexible working, visit the Fairwork Ombudsman.

Your questions answered

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This resource provides you with commonly asked questions about flexible working arrangements.

Your questions answered.pdf