As workplaces “return to normal” following the pandemic, there is no doubt that both candidate and employee expectations  have changed when it comes to flexible working arrangements.  Today we are going to unpack some of the employer obligations under the Fair Work Act and National Employment Standards governing how employers can handle employee requests for flexible working arrangements.

Employees who have worked with their employer for 12 months or more can request flexible work arrangements in relation to changes to their: 

• hours of work (for example, changes to start and finish times)
• patterns of work (for example, split shifts or job sharing)
• locations of work (for example, working from home).

Employees covered by an award also have some extra rights when asking for flexible working arrangements.

Flexible arrangements can be requested where the employee:

• is the parent, or have responsibility for the care, of a child who is school aged or younger
• are a carer (under the Carer Recognition Act 2010)
• has a disability
• Is 55 or older
• is experiencing family or domestic violence, or
• Needs to provide care or support to a member of their household or immediate family who requires care and support because of family or domestic violence.

Casuals can also make such a request if they have been working with the employer for 12 months or more and there is a reasonable expectation of this work continuing.

Such requests must be responded to within 21 days. 

Whilst this is a National Employment Standard according to the FWA, obviously it is a redundant section given that Covid has forever changed the nature of work, and offering flexibility is now a basic recruitment and retention requirement regardless of the employees circumstances.