Log in or register
Share on LinkedInShare on LinkedIn

ARTICLE · 31 MAY 2023

Flexible work arrangements - less flexible for employers, more risk for getting it wrong!

Bartier Perry Solicitors
Explore more from Bartier Perry Solicitors

New laws bring significant changes to the current flexible work arrangement regime under the FWA.

AustraliaEmployment and HR
James Mattson
James Mattson
Sylvia Moses
Sylvia Moses
Joshua Handley
Joshua Handley
Author LinkedIn connections

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 brings significant changes to the current flexible work arrangement regime under the Fair Work Act 2009.

In this article, we explain what these changes mean for employers — calling attention to the scope of employees that can make such requests, the more stringent requirements in responding or refusing to flexible work requests and the new powers the Fair Work Commission will have in resolving disputes.

These changes come into effect on 6 June 2023. To be ready to comply, employers will need to refine their processes, better understand tolerances for flexibility in the business and be ready to respond.

Quick recap - what is a flexible work arrangement?

We operate a free-to-view policy, asking only that you register in order to read all of our content. Please login or register to view the rest of this article.

Register for freeORLog in

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

View source

Related Articles

Legal Intelligence Newsletters: sign up for the latest legal and regulatory news on your chosen topics

Read more about

Related Comparative Guides

See more popular content from

Article

New Minimum Wage Rates Gain Effect In Australia Today

The Australian Government has raised the National Minimum Wage and Minimum Award Wages effective July 1, 2026, with weekly rates increasing from $948.00 to $1,004.90 and hourly rates from $24.95 to $26.44. What compliance actions must employers take to avoid penalties for underpayment, and how do these changes affect different worker categories including trainees, apprentices, and entry-level employees?
AustraliaEmployment and HR
Lexplosion Solutions Private Limited
Lexplosion Solutions Private Limited
Article

Reforms To Restraints: What The Competition And Fair Work Legislation Amendment (Banning Unfair Non-Competes) Bill 2026 Means For Employers

The Albanese Government has released draft legislation that would fundamentally reshape how Australian employers use restrictive covenants and competitive agreements. The proposed Competition and Fair Work Legislation Amendment (Banning Unfair Non-Competes) Bill 2026 seeks to prohibit or strictly regulate no-poach agreements, wage-fixing arrangements, non-compete clauses, and co-worker non-solicitation terms.
AustraliaEmployment and HR
Piper Alderman
Piper Alderman
Article

Fair Work Commission Releases New AI Guidance And Warns Against Blind Reliance On AI

The Fair Work Commission has introduced new guidance requiring parties to disclose their use of generative AI in proceedings, following a 70% surge in workload attributed to AI-generated applications. A recent case demonstrates the consequences of blind reliance on AI tools, with one applicant ordered to pay costs after continuing a jurisdictionally flawed claim despite repeated warnings from the Commission.
AustraliaEmployment and HR
Holding Redlich
Holding Redlich
Article

Who Signs The Termination Letter Matters – The Importance Of The Decision-maker

The Full Federal Court's decision in Totino v Metro Trains Melbourne clarifies how employers can successfully defend general protections claims when dismissing employees who have made workplace complaints or workers compensation claims. The case establishes critical principles about who must give evidence, the distinction between advisers and decision-makers, and why proper documentation of the decision-making process is essential for employers facing the reverse burden of proof.
AustraliaEmployment and HR
Bartier Perry Solicitors
Bartier Perry Solicitors
Article

The world court has spoken: What the ICJ’s ‘Right to Strike’ opinion means for Australian employers

The International Court of Justice has issued a landmark advisory opinion confirming that the right to strike is protected under ILO Convention No. 87, a treaty Australia ratified in 1973. While this opinion doesn't immediately change Australian domestic law, it creates a significant new reference point that unions may leverage in litigation, enterprise bargaining, and industrial relations reform discussions. Australian employers face potential challenges to existing Fair Work Act restrictions on protected
AustraliaEmployment and HR
Ius Laboris
Ius Laboris
Article

Who Signs The Termination Letter Matters – The Importance Of The Decision-maker

The Full Federal Court's decision in Totino v Metro Trains Melbourne clarifies how employers can successfully defend general protections claims when dismissing employees who have made workplace complaints or workers compensation claims. The case establishes critical principles about who must give evidence, the distinction between advisers and decision-makers, and why proper documentation of the decision-making process is essential for employers facing the reverse burden of proof.
AustraliaEmployment and HR
Bartier Perry Solicitors
Bartier Perry Solicitors
Article

Dividend Payments - Key Issues For Australian Company Directors

Dividends are a common way for companies to distribute value to shareholders, but whether to declare or pay a dividend is not simply a commercial decision. Directors must ensure that any dividend complies with the Corporations Act 2001 (Cth) (Corporations Act), the company’s constitution and relevant governance requirements, while considering their duties to the company and its creditors.
AustraliaCorporate/Commercial Law
Bartier Perry Solicitors
Bartier Perry Solicitors
Article

Federal Budget 2026–27: Key Tax Changes And What Clients Need To Know

On Tuesday, 12 May 2026, the Treasurer, Dr Jim Chalmers, handed down the 2026–27 Federal Budget. The Federal Budget introduces the most significant tax reforms aimed at reshaping how income and wealth are taxed in Australia. The Government is seeking to rebalance the system by reducing tax on income from work and increasing tax on income from assets, and then using that difference to fund personal tax relief and influence housing behaviour.
AustraliaTax
Bartier Perry Solicitors
Bartier Perry Solicitors
Article

When “Down Down” Wasn’t Really Down - Federal Court Rules Against Coles

In its judgement delivered on 14 May 2026, the Federal Court has found that Coles engaged in misleading conduct in relation to its long-running “Down Down” promotion, accepting the ACCC’s case that many advertised discounts were not genuine. The Court held that 13 of the 14 sample “Down Down” tickets examined in the hearing conveyed false or misleading price discount representations because the stated “was” price had not applied for a reasonable period before the promotion.
AustraliaConsumer Protection
Bartier Perry Solicitors
Bartier Perry Solicitors
Article

Shareholder Oppression - Protecting Your Rights As A Shareholder

When you invest your time, money and energy into a company, you expect to be treated fairly and to have your rights as a shareholder respected. But what happens when those rights are ignored, or worse, actively undermined? Shareholder oppression is a serious issue that can have significant financial implications. If you suspect that your rights are being compromised, it’s important to act promptly to protect your interests.
AustraliaCorporate/Commercial Law
Bartier Perry Solicitors
Bartier Perry Solicitors
Article

The Fair Work Act Goes Global - When Overseas Employees Fall Under The Act

Australian courts are increasingly examining whether the Fair Work Act applies to employees working entirely overseas. A recent Fair Work Commission decision reveals that jurisdiction may hinge not on where an employee performs their duties, but on the technical question of where the employment contract was legally formed—with significant implications for employers managing remote and offshore workforces.
AustraliaEmployment and HR
Bartier Perry Solicitors
Bartier Perry Solicitors
Article

Unfair Contract Terms In SME Lending - 5 Clauses That May Place Lenders At Risk

ASIC's 2026-27 Corporate Plan identifies non-bank small business lending practices as a regulatory focus area, particularly concerning unfair contract terms in standard form agreements. This article examines five common clauses in SME loan agreements that may expose lenders to enforceability challenges and regulatory action, drawing on recent court decisions to illustrate key UCT risks.
AustraliaCorporate/Commercial Law
Bartier Perry Solicitors
Bartier Perry Solicitors
Article

Clerks Award WFH Decision - If It Ain’t Broke

The Fair Work Commission's Full Bench has published its decision on working from home arrangements for clerical employees, introducing a facilitative clause that maintains the current status quo. While the new clause formalizes the process for employees to request remote work arrangements, it notably rejects union proposals for a broad 'right to request' and employer proposals to significantly widen ordinary working hours, affirming that existing flexible work arrangements are largely functioning
AustraliaEmployment and HR
Bartier Perry Solicitors
Bartier Perry Solicitors