Australian workers can now dispute denied flexible working arrangement requests

Employees who have requested and been refused flexible working arrangements can now take the fight to their bosses under new Australian workplace laws kicking in from today.

Previously, employees who were eligible to vary their hours or location of work could not dispute or take an employer who refused their request to a tribunal.

But changes to workplace laws that passed last year and come into effect on Tuesday (June 6) have introduced an appeal process.

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“Until today, the flexible work arrangement rights in the Fair Work Act were toothless tigers because if their employers refused them, there was nothing you could do about that,” Maurice Blackburn principal workplace lawyer Giri Sivaraman said.

Sivaraman said the amendments closed a loophole that gave employers an advantage when they refused flexible work requests.

“Every other kind of refusal by an employer or decision by an employer could be disputed under the Fair Work Act, but this was one which was deliberately left out,” he said.

“(This) probably should have happened a long time ago.”

Employees eligible for flexible work arrangement include parents, carers, people living with a disability or fleeing domestic violence, according to their Fair Work Commission website.

If they request flexible hours or location of work, their employer has 21 days to grant or refuse the request.

The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 allows employees whose flexible work requests have been denied to appeal the decision, and if a solution cannot be achieved, to take their concerns to the Fair Work Commission.

“The disputes are about going to the commission to get an agreement or an order that the employer implement your flexible work request,” Sivaraman said.

Reasons for refusal

The new legislation also includes guidelines as to how employers should respond when they are met with a flexible work arrangement request.

It explains requests can be refused “only on reasonable business grounds” and the reasons must be provided to the employee in writing.

The Fair Work Commission outlines on its website examples of why a request can be denied, which includes that the arrangements would be too costly for the employer, or could result in loss of productivity.

However, the commission said, “employers and employees are encouraged to discuss their working arrangements and, where possible, reach an agreement that balances both their needs”.