Your Right to Flexible Work: What You Need to Know Under the Fair Work Act

The Fair Work Act gives employees the right to request flexible work arrangements, helping them balance their job with other important responsibilities, like caring for family, health needs, or supporting older loved ones.

But a recent FlexCareers poll shows there’s still some confusion about these rights. With 44% of respondents saying their employer's communication around flexible work could be clearer and 32% suggesting room for improvement, it’s clear that there’s more to be done to get the message across.

Who Can Request Flexible Work?

If you’ve been with your employer for at least 12 months, certain groups of employees can request flexible work, including parents of young children, carers, older workers, and those experiencing family violence. When making a request, you’ll need to put it in writing, outlining the changes you’d like and why you need them.

What Are Employers' Responsibilities?

When an employer receives a request, they’re required to respond within 21 days. If they deny the request, they must provide valid business reasons, such as concerns about productivity, financial impacts, or staffing availability.

Our poll results suggest that many employees find these processes unclear, with only 21% saying they understand their rights to request flexible work. This highlights the need for employers to improve communication by providing clear policies and support to help employees navigate their options.

Supporting Flexibility in Practice

To build a truly flexible work culture, employers can do more to keep their teams informed about their rights under the Fair Work Act. Updating internal policies, offering manager training, and providing resources on flexible work can help clear up confusion and make the workplace more supportive for everyone.

To learn more about your rights and responsibilities around flexible work, check out the Fair Work Ombudsman’s guide.