Employees aged 55 and over have a statutory right to request flexible working arrangements under the Fair Work Act. However, simply meeting the age requirement is not enough. There must also be a connection between the employee’s age and the flexibility being sought.
A recent Fair Work Commission decision has explored that connection in detail, finding that a 67-year-old employee’s desire to transition towards retirement and pursue personal creative projects was sufficient to establish the required link. The decision provides useful guidance for both employers and employees when navigating flexible work requests.
The Legal Framework
The Fair Work Act gives certain employees the right to request flexible working arrangements, including employees who are pregnant, have caring responsibilities, live with a disability, or are aged 55 years or older.
