Let's be honest—navigating flexible work compliance can feel overwhelming. Between Fair Work requirements, WHS obligations, and keeping everyone happy, it's a lot to juggle. But here's the good news: getting it right doesn't have to be complicated, and we're here to help you through it.
Yes, the Fair Work Act 2009 gives employees the right to request flexible working arrangements after 12 months of service. And yes, you need to respond properly. But this isn't about catching you out—it's about creating workplaces that work for everyone.
When you receive a flexible work request, you have 21 days to respond in writing. You can only refuse on 'reasonable business grounds' like inability to reorganise work among existing staff or detrimental impact on customer service. The key word here is 'reasonable'—and most genuine business concerns qualify.
Here's what surprises many employers: your WHS obligations extend to home offices too. But before you panic about inspecting everyone's spare bedrooms, remember this is about reasonable steps, not perfection.
Start with the basics:
Most employees want to work safely—they just need some support to get there.
Keep records of your flexible work decisions. Not because you're expecting trouble, but because it protects everyone. A simple email trail showing you considered the request genuinely and explained your reasoning is often all you need.
Your flexible work policy doesn't need to be a legal textbook. Focus on clarity: who can apply, how the process works, what support is available, and what's expected from both sides. Think of it as a helpful guide rather than a rulebook.
Sometimes a 'no' to flexible work can accidentally become discrimination, especially around family responsibilities or disability. The solution isn't to say yes to everything—it's to ensure your decision-making is fair and well-reasoned.
The best compliance approach? Build flexible work practices that genuinely work for your business. When your systems make sense and support both productivity and wellbeing, compliance often takes care of itself.
Consider starting small: trial periods, specific roles, or particular arrangements. You don't need to revolutionise everything overnight.
Remember, thousands of Australian employers are navigating these same challenges. Most are finding that thoughtful flexible work arrangements actually strengthen their businesses—better retention, wider talent pools, and happier teams.
Need some support getting your flexible work arrangements right? We get it—there's a lot to consider, and you want to do right by your business and your people.
At FlexCareers, we help Australian employers build flexible work practices that actually work. From policy development to finding amazing flexible talent, we're here to make this easier, not harder.
Ready to chat about how flexible work could strengthen your business? Get in touch with our team—we'd love to help you create something that works for everyone.