Flexible Working Arrangements in Australia (2026): Who Can Ask, How to Respond and What the FWC Can Order

Requests to start later, work part-time, compress the week or work from home are now a routine part of managing staff. Australian law doesn't give employees an automatic right to flexible work, but it does give many of them a legal right to ask — and it sets strict rules for how employers must answer. Since June 2023 those rules can be enforced at the Fair Work Commission. This guide explains flexible working arrangements in Australia for 2026: who is eligible under section 65 of the Fair Work Act, how a valid request is made, the 21 days written response, what counts as reasonable business grounds, how disputes and orders work, and what's changing on working from home.

Quick answer

Employees with 12 months of service who are pregnant, parents or carers of a child of school age or younger, carers, people with disability, aged 55 or over, or affected by family and domestic violence can request a change to their hours, patterns or location of work in writing. The employer must respond in writing within 21 days and can refuse only after genuine discussion and only on reasonable business grounds. Refusals and non-responses can be taken to the Fair Work Commission, which can order the request be granted.

• Long-term regular casuals can also ask

• Requests must be written and explain the change and the reasons

• A refusal must explain the business grounds and offer any alternatives

• The FWC conciliates first, then can arbitrate and make binding orders

• No general right to work from home yet — Victoria's bill is still pending

What flexible working arrangements are

A flexible working arrangement is any change to when, how much or where an employee works. The Fair Work Act's examples are changes to hours of work, patterns of work and location of work. The Fair Work Ombudsman gives everyday examples: changing start and finish times, split shifts, job sharing, and working from home.

The right to request sits in the National Employment Standards, in Division 4 of Part 2-2 of the Fair Work Act. It's a minimum standard: awards, enterprise agreements, contracts and workplace policies can give more, and section 66 preserves any state or territory law that gives employees a more beneficial flexible working entitlement.

It's different from two other kinds of flexibility. Individual flexibility arrangements let an employer and employee vary certain award or agreement terms by written agreement, with a better-off-overall requirement, and must be kept as employee records. Award flexibility clauses, such as agreed changes to rosters or ordinary hours, operate under the specific award. A section 65 request can lead to either, but it's a separate legal process with its own deadlines.

Who can request flexible working

Section 65 has two layers: the employee must be in a listed circumstance, and must meet a service requirement.

The circumstances. An employee can request a change relating to their circumstances if they:

• are pregnant;
• are the parent of, or have responsibility for the care of, a child who is school age or younger;
• are a carer within the meaning of the Carer Recognition Act 2010;
• have a disability;
• are 55 or older;
• are experiencing family and domestic violence; or
• provide care or support to an immediate family or household member who is experiencing family and domestic violence.

The Act also says, to avoid doubt, that a parent returning to work after leave for the birth or adoption of a child may ask to work part-time to help care for the child.

Who can make a section 65 request

Employee	Service needed	Also needs
Full-time or part-time	12 months continuous service	A listed circumstance
Regular casual	Regular, systematic work over at least 12 months	Reasonable expectation of continuing work + a listed circumstance
Converted casual	Casual and permanent service count together	A listed circumstance
Irregular casual or new starter	Not eligible under s 65	Can still ask informally; policies may help

Full-time or part-time

Service needed

12 months continuous service

Also needs

A listed circumstance

Regular casual

Service needed

Regular, systematic work over at least 12 months

Also needs

Reasonable expectation of continuing work + a listed circumstance

Converted casual

Service needed

Casual and permanent service count together

Also needs

A listed circumstance

Irregular casual or new starter

Service needed

Not eligible under s 65

Also needs

Can still ask informally; policies may help

The service requirement. Full-time and part-time employees need at least 12 months of continuous service with the employer immediately before the request. Casuals qualify if they're a regular casual employed on that basis for a sequence of periods over at least 12 months, and have a reasonable expectation of continuing employment on a regular and systematic basis. If a casual has converted to permanent employment, their time as a regular casual counts towards the 12 months. Our casual employees guide explains casual conversion.

The FWO's examples show how broad the circumstances are. A full-time father wants to start at 10 am to take his son to pre-school. A part-time lawyer with a disability wants more flexible breaks and start times. A 55-year-old with menopausal symptoms wants to spread two long days over three shorter ones. A 63-year-old wants to work from home three days a week to build community connections before retiring. All of them can make a request — the reason only needs to relate to the listed circumstance.

How to make a valid request

Section 65(3) sets the formal requirements. The request must:

• be in writing — an email is fine;
• set out details of the change sought, such as the days, hours or location; and
• set out the reasons for the change, linking it to the employee's circumstance.

A vague request ("I'd like more flexibility") makes it hard for an employer to respond properly and may not trigger the statutory process. A good request says exactly what's wanted, from when, for how long, and how the work will still get done. The FWO publishes free template letters for requests and responses.

Employees don't have to disclose more personal information than is needed to show the circumstance applies. For family and domestic violence in particular, employers should handle any information confidentially.

The employer's 21-day written response

Section 65A requires the employer to give a written response within 21 days of the request. The response must do one of three things:

1. Grant the request.
2. Set out an agreed alternative — where, after discussion, the employer and employee agree on a change different from the one requested.
3. Refuse the request, but only if the conditions below are met, and with the required explanation.

A response that says "we'll think about it" or a verbal "no" doesn't comply. If the 21 days pass without a written response, the employee can take the matter to the Fair Work Commission as though the request had been refused.

When an employer can refuse

Under section 65A(3), the employer may refuse only if it has:

• discussed the request with the employee;
• genuinely tried to reach an agreement about changes to accommodate the employee's circumstances;
• had regard to the consequences of the refusal for the employee; and
• the refusal is on reasonable business grounds.

The Act adds that genuinely trying to reach agreement doesn't mean the employer has to agree to a change it has reasonable business grounds to refuse.

Reasonable business grounds

Section 65A(5) lists examples, without limiting what can count:

• the new arrangements would be too costly;
• there's no capacity to change other employees' arrangements to accommodate the request;
• it would be impractical to change other employees' arrangements or recruit new employees;
• the change would be likely to cause a significant loss in efficiency or productivity; or
• the change would be likely to have a significant negative impact on customer service.

The Act's own note says the employer's size and nature matter. A business with only a few employees may genuinely have no one else to cover a shift. But grounds must be real and specific. Assertions such as "it wouldn't work for the team" without evidence rarely survive scrutiny.

What a written refusal must include

Section 65A(6) requires a refusal to:

• give details of the reasons for the refusal;
• set out the employer's particular business grounds and explain how they apply to this request;
• either set out other changes the employer would be willing to make to accommodate the employee's circumstances, or state there are none; and
• explain the effect of sections 65B and 65C — the employee's right to take a dispute to the Fair Work Commission.

Responding to a flexible working request

1. 1

   Log the request date

   The 21-day clock starts when the written request is received.

2. 2

   Check eligibility

   Confirm the circumstance and 12 months' service (or regular casual status).

3. 3

   Meet and discuss

   Talk through what is needed, what is possible and what alternatives could work. Keep notes.

4. 4

   Assess the business impact

   Quantify cost, coverage, productivity and customer service effects. Consider a trial or review date.

5. 5

   Respond in writing within 21 days

   Grant, confirm an agreed alternative, or refuse with grounds, how they apply, alternatives offered and FWC dispute information.

6. 6

   Keep the records

   Store the request, meeting notes and response with the employee's file.

Disputes and the Fair Work Commission

Since 6 June 2023, disputes about flexible working requests can go to the Fair Work Commission. Under section 65B, a dispute qualifies if the employer refused the request, or 21 days passed without a written response.

The parties must first try to resolve it at the workplace through discussion. If that fails, either side can refer it to the Commission. Employees use Form F10C, lodged with a copy of the written request and any written response. The F10C isn't on the Commission's list of applications that need a fee — unlike unfair dismissal and general protections applications, which cost A$92.70 in 2026-27.

The Commission must deal with the dispute other than by arbitration first — usually conciliation or mediation — unless there are exceptional circumstances. Either party can have a support person or union representative; being represented by a lawyer or paid agent needs the Commission's permission.

How a flexible work dispute runs

Step 1

Written request

Step 2

Written response

within 21 days

Step 3

Refused or no response

discuss at work first

Step 4

Form F10C to the FWC

no fee

Step 5

Conciliation or mediation

Step 6

Arbitration and orders

s 65C

What the Commission can order

If the dispute isn't resolved, the Commission can arbitrate under section 65C and make orders that:

• the employer is taken to have refused the request (where it never responded);
• the refusal grounds are taken to be, or not to be, reasonable business grounds;
• the employer take further steps, such as giving a proper written response; or
• the employer grant the request, or make other specified changes to accommodate the employee's circumstances.

There are limits. An order to grant the request or make other changes can only be made if there's no reasonable prospect of resolving the dispute without it. The Commission must take into account fairness between the employer and employee, and its orders can't be inconsistent with the Fair Work Act or an applicable award or agreement. Contravening an order is a civil remedy provision.

What the cases show

Two decisions illustrate how the Commission approaches these disputes. Each turned on its facts, so treat them as guides rather than rules.

Gregory v Maxxia [2023] FWC 2768. One of the first decisions under the new provisions. A business development manager who had worked from home since 2020 asked to work from home full-time. The employer offered a staged return to the office, set around his custody weeks. The Commission found the employer had genuinely tried to reach agreement and refused on reasonable business grounds, accepting that face-to-face contact within teams was desirable. It also found his medical condition wasn't a disability for this purpose.

Chandler v Westpac [2025] FWC 3115. A long-serving part-time employee asked to work from home about 100 km from Sydney to help care for two young children. The Commission found the bank hadn't met the procedural requirements of section 65A and that its claimed productivity and customer service concerns weren't supported by evidence, and it ordered the bank to grant the request. Her long record of successful remote work weighed in her favour.

The lesson for employers is consistent: follow the process to the letter, engage genuinely, and back any business grounds with evidence specific to the role.

Working from home in 2026: what's changing

There is still no general legal right to work from home in Australia. Eligible employees can request it under section 65, and the usual rules apply. Two developments in 2026 are worth watching.

Victoria's work-from-home bill. The Victorian Government introduced the Equal Opportunity Amendment (Work from Home) Bill 2026 in June 2026. It would give eligible employees in Victoria a right to work from home up to two days a week where their work can reasonably be done remotely. In September 2026 the Legislative Council referred it to a select committee due to report on 20 October 2026, shortly before the November state election. Industry commentary suggests it is unlikely to pass before the election. Until it becomes law, it creates no obligations. Section 66 of the Fair Work Act would allow a more beneficial state entitlement to operate alongside the federal right to request.

The Clerks Award. On 27 August 2026 a Full Bench of the Fair Work Commission decided to add a working-from-home provision to the Clerks—Private Sector Award 2020 and published a draft determination, with comments due by 17 September 2026. Commentary on the draft describes a clause that lets an employee request, and an employer agree to, a work-from-home arrangement, adjusting some award rules on hours and breaks; it doesn't oblige employers to agree. Check for the final determination if you employ clerical staff. Our award wages guide explains how award terms apply.

Working from home — 2026 developments

16 June 2026

Victoria's Equal Opportunity Amendment (Work from Home) Bill 2026 introduced

27 August 2026

FWC Full Bench decides to add a working-from-home clause to the Clerks Award; draft determination published

September 2026

Victorian Legislative Council refers the bill to a select committee

17 September 2026

Submissions on the Clerks Award draft determination close

20 October 2026

Victorian select committee due to report

Related rights that interact with requests

Flexible working requests rarely arise on their own. Several other laws often apply at the same time.

• Unpaid parental leave. Employees can ask to extend unpaid parental leave by up to 12 months, and a similar written-response and dispute process applies. Many parents combine an extension request with a request to return part-time. See our parental leave guide.
• General protections. Employers can't take adverse action against an employee because they made a request, or because of family or carer's responsibilities, pregnancy, age or disability. Refusing a valid request isn't adverse action in itself, but disciplining or sidelining someone for asking can be.
• Discrimination law. Federal and state anti-discrimination laws can require reasonable adjustments for disability, and indirect discrimination claims can arise from inflexible requirements that disadvantage carers.
• Work health and safety. Working from home doesn't remove the employer's duty to manage health and safety risks, so a home workstation check is sensible before approving.

Worked examples

1. A small café refuses an early-start change — properly. A barista with a school-age child asks to change her shift from 6 am–2 pm to 9 am–5 pm. The café opens at 6 am with two staff and has no one else who can open. The owner meets her, explores options, and works out that covering 6–9 am five days a week with a casual Level 2 employee would cost about 15 hours × A$33.85 (125% of A$27.08) = A$507.75 a week, or about A$26,400 a year — a large cost for a small café. The owner refuses in writing within 21 days, explains the cost and coverage grounds and how they apply, offers a 7 am start two days a week, and includes information about the Fair Work Commission. That's a compliant refusal, although the Commission would still look at the evidence if she disputes it.

2. An office ignores a request. An administration officer aged 56 emails a request to work from home on Fridays. The manager says verbally "we'll see" and nothing happens. After 21 days the employee can lodge Form F10C. The Commission can order the employer be treated as having refused and that it take further steps, or arbitrate the request itself. The employer has lost the chance to shape the outcome.

3. A regular casual returns from leave. A casual retail worker who has worked the same three shifts a week for two years returns after having a baby and asks to move her shifts to school hours. She's a regular casual with a reasonable expectation of continuing work, so she can make a valid request. The employer agrees to a trial of school-hours shifts for three months with a review date and records it in writing.

Common mistakes

• Responding verbally. The response must be in writing within 21 days, whatever the outcome.
• Refusing without a discussion. The Act requires discussion and a genuine attempt at agreement before any refusal.
• Generic grounds. "Operational requirements" isn't enough. Explain the specific ground and how it applies to this role.
• Forgetting alternatives. A refusal must list other changes you'd accept, or say there are none.
• Leaving out the dispute information. The refusal must explain the effect of sections 65B and 65C.
• Assuming casuals can't ask. Long-term regular casuals can.
• Treating the request as misconduct. Taking action against someone for asking risks a general protections claim.

Official links

• Flexible working arrangementsFair Work Ombudsman — eligibility, responses and templates
• Form F10CFair Work Commission — flexible working dispute application
• Fair Work Act 2009Sections 65–66 (right to request, responses, disputes, orders)
• Clerks Award working from home decisionFWC — 27 August 2026 decision and draft clause

What to do next

Write a short flexible work procedure that sets out how requests are logged, who meets the employee, how business impact is assessed and who signs the written response — then use the FWO's templates so nothing required is left out. Keep each request and response with the employee's records. If the request is linked to a new baby, read our parental leave guide as well, because extension requests follow a similar process.

This is general information, not legal or tax advice — confirm on the official source or with a professional.

Frequently asked questions

Who can request flexible working arrangements in Australia?

Under section 65 of the Fair Work Act, an employee with at least 12 months of continuous service can make a request if they are pregnant, a parent or carer of a child of school age or younger, a carer, have a disability, are 55 or older, are experiencing family and domestic violence, or are supporting a family or household member who is. Long-term regular casuals with a reasonable expectation of continuing work can also ask.

How long does an employer have to respond to a flexible work request?

The employer must give a written response within 21 days of receiving the request. The response must grant the request, set out an agreed alternative, or refuse it with detailed reasons, the business grounds, how they apply, any alternative changes the employer would make, and information about disputes at the Fair Work Commission.

Can my employer refuse a request to work from home?

Yes, but only after discussing the request, genuinely trying to reach an agreement, considering the consequences of refusing for you, and only on reasonable business grounds — such as excessive cost, no capacity to rearrange other staff, a significant loss of productivity, or a significant negative impact on customer service. If they refuse or don't respond within 21 days, you can take the dispute to the Fair Work Commission.

What can the Fair Work Commission do about a refused flexible work request?

The Commission first tries to resolve the dispute by conciliation or mediation. If that fails, it can arbitrate and order that the refusal was or wasn't on reasonable business grounds, that the employer take further steps, that the employer grant the request, or that it make other specified changes. It can only order the request be granted if there's no reasonable prospect of resolving the dispute otherwise.

Is there a fee to lodge a flexible working dispute with the Fair Work Commission?

The flexible working dispute application (Form F10C) isn't on the Commission's list of applications that attract a fee, unlike unfair dismissal and general protections claims, which cost A$92.70 in 2026-27. You lodge the form with a copy of your written request and any written response from your employer.

Is there a legal right to work from home in Australia?

Not as a general rule. Eligible employees have a right to request working from home under the Fair Work Act, and the employer can refuse on reasonable business grounds. Victoria's Equal Opportunity Amendment (Work from Home) Bill 2026 proposes a right to work from home up to two days a week, but it was referred to a parliamentary committee in September 2026 and has not passed.

Sources & verification

Figures on this page were checked against the sources below when it was last reviewed on 13 October 2026. Each rate and limit is stored once with its own official source and review date, and official update channels are monitored daily so changes are picked up. How we verify

1. 1.Fair Work Act 2009 — sections 65 to 66 (compilation C2026C00355 of 7 July 2026) — Federal Register of Legislation · accessed 13 October 2026
2. 2.Flexible working arrangements — Fair Work Ombudsman · accessed 13 October 2026
3. 3.Form F10C — Application to resolve a dispute about flexible working arrangements — Fair Work Commission · accessed 13 October 2026
4. 4.Fees and costs — Fair Work Commission · accessed 13 October 2026
5. 5.Working from home – Clerks Award decision issued — Fair Work Commission · accessed 13 October 2026
6. 6.Fair Work Commission backs employee in remote work dispute with Westpac — Mondaq (law firm commentary) · accessed 13 October 2026
7. 7.FWC considers productivity when rejecting a disputed flexible work request — McCabes Lawyers · accessed 13 October 2026
8. 8.Victoria's work-from-home bill sent for committee review — HRD Australia · accessed 13 October 2026