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

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Buying a Business? The Employment Risks That Can Cost You Years Later

February 27, 2026

When you acquire a business, you are not just buying assets. You are buying people, history, entitlements and legal obligations. And if those are not handled correctly at settlement, they can come back to bite you years later. I have seen business owners forced to pay significant amounts long after takeover because employment documentation was not properly structured during acquisition. It is avoidable. But only if it is addressed before settlement. The Risks Most Buyers Don’t See During a business acquisition, you may inherit: Service recognition obligations Long service leave exposure Redundancy liabilities Award or Enterprise Agreement coverage Payroll underpayment risk Casual conversion eligibility Poor or incomplete employee records The biggest issue? Selling businesses often provide incomplete employment information — particularly for casual employees. If start dates, regular engagement patterns or eligibility thresholds are unclear, and a casual later becomes eligible for permanent conversion or claims service-based entitlements, the liability can sit with you. Years later. Why Documentation at Takeover Matters This is where many acquisitions fall apart. If service recognition is unclear… If leave balances are disputed… If employment status is ambiguous… If Award coverage is wrong… You are left defending historical arrangements you did not create. To prevent this, I structure tailored Deeds of Acknowledgement during acquisitions to: ✔ Confirm employment status ✔ Clarify recognition (or non-recognition) of prior service ✔ Lock in agreed leave balances ✔ Record transfer conditions ✔ Reduce future claim exposure These are not templates. They are risk control mechanisms designed specifically to protect the incoming business. The Cost of Fixing It Later The real financial impact rarely appears at settlement. It appears when: A long-term employee resigns A redundancy occurs A casual seeks conversion An underpayment claim is lodged A dispute arises over historical service By then, the cost of rectification is far higher. Protect Your Investment Properly If you are acquiring a business, expanding, or restructuring ownership, HR due diligence should sit alongside legal and financial review. This is not an administrative step. It is commercial risk protection. Before you sign, I can: Conduct an employment risk review Map service and entitlement exposure Audit contracts and Award coverage Identify casual conversion risks Structure Deeds of Acknowledgement Provide a clear risk report before settlement If you are in acquisition discussions now, do not wait until after settlement. Contact People Assured Partners for a confidential pre-acquisition HR review. 0489 202 572 or jenni.watson@peopleassured.com.au It is significantly cheaper than fixing it later.