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ARTICLE · 13 JUNE 2023

Changes to flexible working requests – what employees need to know

The changes provide an opportunity to contest their employer's refusal of a flexible working arrangement request.

AustraliaEmployment and HR

As of 6 June 2023, changes to the Fair Work Act 2009 (Cth) will provide employees with an opportunity to contest an employer's refusal of a flexible working arrangement request.

Under the new provisions, employers must consider and make a reasonable response to flexible work requests from employees who are:

  • Over 55
  • Living with a disability
  • Pregnant
  • Caring for infants or school-aged children
  • Carers (within the meaning of the Carer Recognition Act 2010), or
  • Experiencing family or domestic violence or providing care to an immediate family or household member experiencing family or domestic violence.

Covered employees will now have the right to bring a dispute to the Fair Work Commission (FWC) about a refusal of a request for flexible work arrangements.

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