Flexible Working Arrangements are a legal entitlement under the Fair Work Act 2009 (Cth) for eligible employees, such as parents with school aged children, carers, and people with disabilities. When an employee submits a formal request, it’s important for employers to respond in the correct way and within the required timeframe.
A recent case has reinforced that it’s not enough to simply have “reasonable business grounds” to refuse a request. Employers must also follow the correct process and consider the personal impact on the employee.
Your Legal Obligations
If you receive a written request for a Flexible Working Arrangement, here’s what you must do under the Fair Work Act:
- Respond in writing within 21 days: Even if you’re considering refusal, this deadline must be met.
- Discuss the request with the employee: You must genuinely engage with the employee to explore possible options.
- Try to reach agreement: Show a real effort to accommodate the request, even if modifications are needed.
- Consider the consequences of refusal: The impact on the employee must be assessed and acknowledged in your response.
A Cautionary Case
In a recent Fair Work Commission case, an employer refused a flexible work request on seemingly reasonable business grounds. However, they took 82 days to respond, well beyond the 21-day requirement, and failed to address how their decision would affect the employee personally. The refusal was ruled invalid, and the employee’s request was granted.
This decision highlights that the process matters just as much as the reason.
Our Recommendation
If you receive a request for flexible working, it’s essential to:
- Act promptly
- Keep clear records
- Seek advice early
Responding correctly protects both your business and your relationship with your team. If you’re unsure how to respond or whether your grounds for refusal are sufficient, contact us before taking any action. A well-handled request can prevent costly disputes and strengthen trust within your workforce.
If you would like to learn how ProcessWorx can help with Human Resources or Work Health & Safety, please contact us on 08 9316 9896, enquiries@processworx.com.au. Also watch an Introduction to ProcessWorx.
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