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 Department of Employment and Workplace Relations, 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 Carer Recognition Act 2010)
• Have a disability
• Are over the age of 55
• Are pregnant
• Are experiencing family and domestic violence
• 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:

• To gain further insights into the changing needs of Australian employees, download our What Australian Employees Want in 2022 Factsheet
• For an in-depth understanding of SME perspectives, check out our Factsheet: Australian SMEs Weigh in on the Upcoming 2022 Budget and Election