Changes to flexible working arrangements factsheet

Factsheets

Changes to flexible working arrangements factsheet

Published

16 Nov 2023

Changes to flexible working arrangements factsheet

Published

Nov 16, 2023

2 min read

One of the highest profile changes to employment law in recent times was the passing of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022. After months of debate, it officially became law at the end of 2022. One of the changes introduced covers changes to flexible working arrangements which came into effect on 6 June 2023. This factsheet breaks down everything you need to know about For more detailed updates on employment law changes, download our Australian Employment Law Updates in 2023 Factsheet.

What’s in the factsheet?

What are the changes to requests for flexible working arrangements?
When did the changes come into effect?
Who can request flexible working arrangements?
What is the process for an employee applying for flexible working arrangements?
How does an employer respond to a request for flexible working arrangements?
What happens if an employee request is refused and they are not satisfied with the outcome?

Disclaimer: The information in this article is relevant as at 29 June 2023, and has been prepared by 91�� Pty Ltd ABN (11 160 047 709) (91��). The views expressed herein are general information only and are provided in good faith to assist employers and their employees. The Information is based on data supplied by third parties. While such data is believed to be accurate, it has not been independently verified and no warranties are given that it is complete, accurate, up to date or fit for the purpose for which it is required. 91�� does not accept responsibility for any inaccuracy in such data and is not liable for any loss or damages arising either directly or indirectly as a result of reliance on, use of or inability to use any information provided in this article.

What are the changes to requests for flexible working arrangements?

The changes to requests for flexible working arrangements have been introduced as part of the Australian Government’s commitment to improving job security and ensuring gender equality. This change aims to create more equitable employment for all Australians. This change will strengthen an employee’s right to request flexible working arrangements that are beneficial for both the employee and employer. As per the , the amendments include:

The expansion of circumstances whereby an employee can request flexible working arrangements. This will include employees who are pregnant, or those who are (or a member of their immediate household or family is) experiencing domestic violence.
Legislating a clear process for responding to requests for flexible working arrangements.
Dealing with disputes about a flexible working request in circumstances where both parties are unable to agree on a solution at the workplace level (conciliation, mediation, mandatory arbitration).

Want to implement a flexible work policy? Download our Flexible Working Policy Template which is easily customisable for your needs.

When did the changes come into effect?

The changes came into effect from 6 June 2023.

Who can request flexible working arrangements?

Under the changes, both full-time and part-time employees are entitled to request flexible working arrangements if they have been employed at the same workplace for at least 12 months, and:

Are a parent, or have caring responsibilities for a child who is school-aged or younger
Are a carer (under the )
Have a disability
Are over the age of 55
Are pregnant
Are experiencing
Are providing care or support to an immediate family member or household member who is experiencing family and domestic violence.

Casual employees may be able to request flexible working arrangements if they meet one of the above criteria (parent, carer, disability, etc), have worked for the same employer for more than 12 months and there’s a reasonable expectation of ongoing employment on a regular basis. Other helpful resources: