01 November 2025
Under the Fair Work Act, employees can request Flexible Working Arrangements and employers must follow a defined process to respond to those requests.
Employees who have this entitlement include permanent employees who have worked with the employer for at least 12 months and regular casual employees.
Flexible Working Arrangement requests must be because the employee is:
- Pregnant;
- a parent of, or has responsibility for the care of, a child who is school age or younger;
- a carer (within the meaning of the Carer Recognition Act 2010);
- a person with disability;
- aged 55 or older;
- experiencing family and domestic violence; or
- providing care or support to an immediate family member, or someone they live with, because they are experiencing family and domestic violence.
In a recent case before the Fair Work Commission, Westpac was ordered to grant an employee’s Flexible Work Arrangement to allow the employee to continue working from home on a permanent basis.
The Fair Work Commission found that Westpac had failed to meet the mandatory requirements under Section 65A of the Fair Work Act, including the obligation to engage in discussion and to adequately detail the grounds for refusal.
Further, the Fair Work Commission found that the employee had successfully worked remotely for several years and that Westpac could not establish any ‘genuine business grounds’ for refusal.
With employers increasingly seeking to bring people back into the office, this case serves as a timely reminder that Flexible Working Arrangement requests must be handled with care.
In this respect, referring to the Fair Work Ombudsman’s best practice guide and template documents is recommended.
If you would like more information concerning Flexible Working Arrangement requests and how to manage them, please get in touch.
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