Flexible work arrangements have become a standard part of many Australian workplaces, but recent Fair Work cases show that how employers respond to requests matters just as much as the final decision.

Under the Fair Work Act, certain employees have a legal right to request flexible working arrangements.

This includes:

• Parents of school-age or younger children
• Carers
• Employees with a disability
• Pregnant employees
• Employees experiencing family or domestic violence
• Employees aged 55 and over

Understanding employer obligations

When an employee submits a formal flexible work request, employers must:

• Respond in writing within 21 days
• Genuinely consult with the employee
• Explore alternative arrangements where possible
• Only refuse on reasonable, evidence-based business grounds

Recent Fair Work Commission decisions have reinforced the importance of following the correct process and properly considering the impact on employees.

In one 2025 case involving Westpac, the Commission found that “face-to-face collaboration” alone was not a sufficient reason to refuse a request.

The decision also highlighted the need to consider factors such as caring responsibilities and financial impact.

Why process matters

For employers, the biggest risk is often not the request itself, but how the situation is handled.

Clear communication, genuine consultation, and documented decision-making are critical.

There are also ongoing discussions around future workplace flexibility reforms, including proposed work-from-home entitlements and Award updates.

While some proposals are not yet law, they reflect broader shifts in workplace expectations.

What this means in practice

Employers should treat flexible work requests as genuine conversations rather than administrative tasks.

A strong process should include:

• Timely communication
• Open discussion around alternatives
• Clear documentation
• Consistent decision-making
• Evidence-based reasoning

Supporting employers through workforce challenges

At Central Coast Group Training (CCGT), we support host employers in navigating employment obligations, workplace processes, and workforce management challenges.

As the legal employer of apprentices and trainees, we regularly work alongside businesses to help ensure workplace matters are managed fairly, professionally, and compliantly.

Need support navigating workplace obligations?

Speak with the CCGT team about workforce support and apprenticeship solutions tailored to your business.