Flexible Work Requests: “No” Isn’t Enough Anymore

Have you ever had an employee ask to change their hours, swap shifts, or stop working nights? Maybe they’ve asked to start later for school drop-off, reduce their roster, or work part-time after returning from parental leave.

Many employers assume they can simply say, “Sorry, that doesn’t suit the business.” But a recent Fair Work Commission ruling makes one thing clear: if you don’t take a request seriously, document your reasoning, and follow the proper process, the Commission can step in and even order that the change go ahead.

This isn’t just about working from home. It could just as easily apply to a chef who wants to stop working evenings, a cleaner who asks for a set roster, or an admin assistant wanting one day off a week for caring responsibilities.

The right to request is protected by law. Certain employees (for example, carers, people with disability, or those over 55) have specific legal rights under the Fair Work Act.
A blanket refusal won’t hold up. You must show that your decision was based on genuine, evidence-based business grounds, not just convenience or policy.
It’s not just about reason — it’s about process. Even if your business reasons are valid, you can still lose if you fail to handle the request properly.
The Commission can intervene. Under section 65C, if you haven’t met your obligations, Fair Work can make binding orders that override your decision.

Under the Fair Work Act 2009 (Cth), not everyone has an automatic right to request flexible working arrangements. Only certain employees meet the eligibility criteria. To qualify, an employee must have at least 12 months of continuous service (or be a long-term regular casual with ongoing, systematic hours) and one or more of the following circumstances must apply:

They are a parent or have responsibility for the care of a child who is of school age or younger;
They are a carer within the meaning of the Carer Recognition Act 2010 (Cth);
They have a disability;
They are 55 years of age or older;
They are experiencing family or domestic violence; or
They provide care or support to an immediate family or household member who is experiencing family or domestic violence.

If a team member asks to change their roster, hours, or work pattern: pause and don’t respond on the spot. Get the request in writing and call me before you reply.

I’ll help you determine:

whether they’re legally eligible to make the request; and
whether your reasons for refusing (if any) are likely to hold up if challenged.

This decision has changed the landscape, particularly for hospitality, retail, and clerical employers, where shift and roster flexibility requests are common. What might seem like a simple “no” can now lead to a costly compliance dispute.

In short: treat every flexible work request like a formal HR process - because legally, it is.

At People Assured Partners we have seen every request you can think of. We are well versed in supporting employers through these requests and finding outcomes that suit both the employee and the business.

☎️ 0489 202 572

📩 hr@peopleassured.com.au