online conveyancer having a zoom meeting with client

Employers must consider flexible working conditions

From 6 June 2023, employers must consider whether to provide flexible working arrangements for their employees upon request.

The new section 65A of the Fair Work Act 2009 (Cth) states that an employer who receives a request for flexible work arrangements must:

  • meet with the employee to discuss the request for flexible work; and
  • reach a mutual agreement on the changes to the employee’s working arrangements and record the agreed-upon changes in the employer’s written response; or
  • if the employer refuses the request, specify the reasonable business grounds for the refusal and address the following:
  • possible adjustments to the employee’s working conditions that could accommodate (to a certain extent) the employee’s situation and that the employer is willing to make; or
  • that the employer is unable to implement such adjustments to accommodate the employee’s circumstances.

If the employer has denied a flexible work request or failed to provide a written response to a flexible request within 21 days, the parties must undertake a dispute resolution process.

Please let us know if you have any questions about the flexible requests.

Share this article

Find other articles