Flexible working arrangements policy template

Draft a flexible working arrangements policy that sets out who can ask, how to ask, the 21-day written response, the limits on refusing, and disputes at the Fair Work Commission.

Figures checked 5 November 2026. Free to use, no sign-in.

Flexible working arrangements policy

Check before you use it

Check each award or enterprise agreement for flexibility terms: part-time agreements in writing, rostering rules, time off instead of overtime, and individual flexibility arrangements, which have their own requirements.
Diary the 21-day deadline for every formal request the day it arrives. No response in 21 days lets the employee take a dispute to the Fair Work Commission.
If you refuse a formal request, the written response must include every item in s 65A(6). A response without them does not meet s 65A, and the Commission can order further steps (s 65C(1)(e)).
Requests to extend unpaid parental leave (s 76) follow a separate process: don’t handle them under this policy.
For working from home requests, use your working from home policy alongside this one.

[Organisation name]: flexible working arrangements policy

1. Purpose

[Organisation name] supports flexible working where it fits the needs of the role and the team. This policy covers changes to when and how much people work. Working from home is covered by our working from home policy. Nothing in this policy reduces anyone’s rights under the Fair Work Act 2009, their award or enterprise agreement, or their contract.

2. What you can ask for

Examples of arrangements we will consider:

Different start and finish times
Compressed hours (for example a 9-day fortnight)
Part-time hours or fewer days

3. Who can ask

Anyone can ask for a flexible arrangement, at any time. Some employees also have a legal right to make a formal request, set out below, and those requests follow the legal process.

Under section 65 of the Fair Work Act, you can make a formal request if you have worked for us for at least 12 months immediately before the request (or you are a regular casual of at least 12 months with a reasonable expectation of continuing regular work), and you:

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

A parent returning to work after birth or adoption-related leave can ask to work part-time to help care for the child.

4. How to ask

Send your request in writing to [your manager or People and Culture]. Set out the change you want, the reasons for it, and when you would like it to start. For a formal request, say which of the circumstances above applies to you. You do not have to provide more personal detail than is needed to explain the request.

5. How we respond

We will meet you to talk about the request and genuinely try to reach agreement, including on a different arrangement if what you asked for isn’t workable.
We will give you a written response within 21 days of receiving a formal request.
The response will either grant the request, set out a different arrangement we have agreed with you, or refuse it.
We will only refuse a formal request after discussing it, genuinely trying to agree, and considering the consequences of the refusal for you, and only on reasonable business grounds.

Reasonable business grounds can include that the arrangement would be too costly, that other people’s work can’t be changed to accommodate it, that it would be impractical to change others’ arrangements or recruit, or that it would be likely to cause a significant loss of efficiency or productivity or a significant negative impact on customer service.

If we refuse, the written response will give our reasons, the particular business grounds and how they apply to your request, any other changes we could make to accommodate your circumstances (or say there are none), and your right to take a dispute to the Fair Work Commission.

6. Trial periods and records

Where it helps, we may agree an arrangement for a trial period of 8 weeks, then review it together. Every agreed arrangement is confirmed in writing: what changes, when it starts, any trial and review dates, and how it can be changed. Arrangements that change hours or pay will follow the award or enterprise agreement, and some (such as part-time hours) must be agreed in writing under it.

7. If you disagree with the outcome

Talk to us first: most issues can be resolved by discussion. If a formal request is refused, or we have not responded within 21 days, and the dispute isn’t resolved at work, either of us can refer it to the Fair Work Commission. The Commission will usually try conciliation or mediation first and can arbitrate, including ordering that the request be granted or that other changes be made. You can bring a support person or representative.

8. Fair treatment

No one will be treated less favourably for asking for flexible work, for the outcome of a request, or for taking a dispute to the Fair Work Commission. Making a request is a workplace right under the Fair Work Act.

9. Changing or ending an arrangement

Either of us can ask to review an arrangement if circumstances change. We will discuss any proposed change with you and give reasonable notice. An arrangement made under a formal request, an award term or an enterprise agreement can only be changed in the way that law or instrument allows.

10. Review

This policy takes effect on [date] and will be reviewed every 12 months. It does not form part of any employee’s contract.

Highlighted text in [brackets] still needs your input. General information, not legal advice.

How this works

The policy follows Division 4 of Part 2-2 of the Fair Work Act:

Eligibility and the right of a returning parent to ask for part-time work (s 65).
The written response within 21 days, the conditions for refusing, the reasonable business grounds and what a refusal must contain (s 65A).
Disputes and arbitration by the Fair Work Commission (s 65B and s 65C).
Protection from adverse action for making a request (s 341(2)(i)).

You choose the arrangements you will consider and whether anyone can ask. Working from home is left to the working from home policy. Nothing you type leaves your browser.

Legal basis

Checked against these sources on 5 November 2026. Spotted a figure that looks wrong? Tell us.

Questions

Who has a legal right to request flexible work?

Employees with 12 months’ continuous service (or regular casuals of 12 months with a reasonable expectation of continuing) who are pregnant, a parent or carer of a child of school age or younger, a carer, have a disability, are 55 or older, are experiencing family and domestic violence, or support a family or household member who is (s 65 of the Fair Work Act).

How long do I have to respond?

21 days, in writing (s 65A(1)). You can grant it, agree a different change with the employee, or refuse it. You can only refuse after discussing it, genuinely trying to agree and considering the consequences for the employee, and only on reasonable business grounds.

What must a refusal say?

The reasons, your particular business grounds and how they apply to the request, any other changes you would make to accommodate the employee (or that there are none), and the employee’s right to take a dispute to the Fair Work Commission under s 65B and s 65C.

Can the Fair Work Commission overrule me?

Yes. An employee can refer a refusal, or a request you haven’t answered in 21 days, to the Commission. It tries conciliation first and can arbitrate, including ordering you to grant the request or make other changes.

How is this different from the working from home policy?

This policy covers when and how much people work: hours, patterns, part-time and job sharing. Working from home requests use the same legal process but have their own safety and equipment issues, so they sit in the separate working from home policy.

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