Working From Home

You can request flexible working arrangements after 12 months’ continuous service if you fall within one of the categories in section 65 of the Fair Work Act 2009: you are the parent of, or responsible for the care of, a child who is school-age or younger; you are a carer (within the meaning of the Carer Recognition Act 2010); you have a disability; you are 55 or older; you are experiencing family or domestic violence; or you provide care or support to a member of your household or immediate family who is experiencing family or domestic violence. Since 6 June 2023 the law has not widened who can request, it has strengthened what the employer must do with a request, and given the Fair Work Commission power to resolve disputes about refusals.

Requests must be made in writing (email is fine). The request should detail: what change is being sought (for example, working from home two days per week); the reason for the request (referencing one of the qualifying circumstances); and when the arrangement would start. Be specific. “I am requesting to work from home on Tuesdays and Thursdays, commencing 1 March 2026, as I have caring responsibilities for my child who is under school age.” A clear, specific request is harder to dismiss and easier to enforce.

Since the 6 June 2023 amendments (section 65A), employers must respond in writing within 21 days. Before refusing, the employer must: discuss the request with the employee; genuinely try to reach agreement on alternative arrangements if the original request cannot be accommodated; and state the reasonable business grounds for refusal in writing. “Reasonable business grounds” include: the arrangement would be too costly; there is no capacity to change other employees’ working arrangements to accommodate the request; it would result in a significant loss of efficiency or productivity; or it would have a significant negative impact on customer service. “We prefer people in the office” is not a reasonable business ground. Nor is “it is just how we do things.”

If a request is refused, ask for the reasons in writing. If the employer has not followed the correct process (failing to respond within 21 days, refusing without discussion, or not providing written reasons), that is a breach of the Fair Work Act. We can apply to the Fair Work Commission to deal with a dispute about flexible working arrangements under section 65B, and the Commission can conciliate and, if needed, arbitrate, including making orders that the employer grant the request. If we believe the refusal is not based on reasonable business grounds, contact us for advice. We can help assess the situation and, if appropriate, assist with a Fair Work Commission application.