ARTICLE · 14 NOVEMBER 2012

Flexible working arrangement: when is it OK to say no?

Hunt & Hunt

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Employers should only refuse a request for flexible working arrangements with real and specific operational reasons.

AustraliaEmployment and HR

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The National Employment Standards in the Fair Work Act 2009 (Cth) ("FW Act") provide employees, who are parents or have responsibility for the care of a child under school age or under the age of 18 with a disability, with a right to request a change in working arrangements (for example, a change to their working hours, patterns of work and/or work location).

Employers can refuse a request for flexible working arrangements when they have real and specific operational reasons for doing so. However, they must document their decision-making process to show they have undertaken a genuine review of the request.

FORMAL REQUIREMENTS

A request for flexible working arrangements must be made in writing by the employee, setting out the details and reasons for the change.

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