Flexible Working Arrangement Request Form

What Is a Flexible Working Arrangement Request Form?

A Flexible Working Arrangement Request Form is a formal document used by an employee to ask their employer for a change to their working conditions. In Australia, this form serves as the official record of a request that is protected by law under the Fair Work Act 2009. While an employee can technically make a request via email, using a standardised form is the safest way to ensure the request meets all legal requirements.

The purpose of this form is to clearly communicate the specific changes the employee needs and the reasons behind them. It acts as the starting point for a discussion between the employer and the employee. For business owners, having a standard form ensures that every request is handled consistently. It helps you capture the necessary information to make a decision within the strict timeframe set by the Fair Work Ombudsman.

Flexible work can cover many different changes to the standard work routine. This might include changing start and finish times, working from home, or changing the pattern of work (such as job sharing). The form is designed to capture these details clearly so there is no confusion about what is being asked.

It is important to understand that this form is a request, not an agreement. It does not change the employment contract on its own. However, it is the first step in a legal process that can lead to a formal variation of the contract. For tradespeople and small business owners, using this form creates a paper trail. This is very helpful if there is ever a disagreement about hours, pay, or availability down the track.

When to Use This Document

You should use this document whenever an eligible employee asks to change their work pattern. Under the Fair Work Act, an employee has the legal right to request flexible work if they meet specific criteria. You cannot refuse to accept a request just because you prefer to do things verbally.

Businesses typically use this form in several scenarios. The most common is when an employee becomes a parent or takes on caring responsibilities. For example, a worker might need to leave early to pick up a child from school. Another common scenario is when an employee is recovering from an injury or illness and needs reduced hours or lighter duties.

The rise of remote work means these forms are also now used for employees asking to work from home, either full-time or on a hybrid basis. This is common in professional services and startups. However, even in trade industries, an office manager might request to work from home to handle admin duties remotely.

For employees, you should use this form as soon as you know you need a change. Do not wait until the last minute. The law requires you to have worked for your employer for at least 12 months before you can request flexible work, unless you are returning from parental leave. If you meet the eligibility criteria, this form is the correct way to start the conversation.

Employers should make this form readily available to their team. It is good practice to include it in your induction pack or store it on your company intranet. If you run a small business, you might email the form to an employee when they first mention needing a change.

Key Sections and Required Elements

To be valid and useful, a Flexible Working Arrangement Request Form must contain specific elements. If these sections are missing, the request might not comply with the Fair Work Act, which could cause legal headaches for your business.

Employee Eligibility Declaration

The form must start by confirming that the employee is actually eligible to ask for flexible work. Not everyone can ask. Section 65 of the Fair Work Act sets out who is eligible. The form should include a checklist where the employee confirms they fit into one of the following categories:

• They are a parent or have responsibility for the care of a child of school age or younger.
• They are a carer as defined by the Carers Recognition Act 2010.
• They have a disability.
• They are aged 55 or older.
• They are experiencing family violence.
• They are providing support or care to a member of their immediate family or household who requires care because of family violence.

The employee must also confirm they have completed 12 months of continuous service with the business, with some exceptions for parental leave. This section filters out requests that do not meet the legal threshold.

Proposed Arrangement Details

This section is the core of the form. It needs to be very specific. Vague requests like "I want flexible hours" are hard to assess. The form should force the employee to detail exactly what they want.

Key fields here include:

• Start Date: When do they want the new arrangement to start?
• End Date: Is this a permanent change or a temporary one? (e.g., for 6 months).
• Hours of Work: What are the new start and finish times?
• Days of Work: Which days will they work?
• Location: Where will the work be performed? (e.g., office, home, client site).

Being specific helps the business owner see the impact on the roster. For a tradie, knowing that an apprentice wants to finish at 3 pm on Tuesdays is vital for planning jobs.

Reasons for Request

The law requires that the request specify the reasons for the change. This is not just for curiosity; it is a statutory requirement. The form must include a text box or space where the employee explains why they need the arrangement.

For example, they might write, "I need to pick up my child from daycare at 4 pm." This reason helps the employer understand the situation and assess if there are grounds to refuse or if a compromise can be reached. If the "reason" is missing, the request may technically be invalid.

WHS and Safety Acknowledgement

If the request involves working from home or a remote site, the form should acknowledge Work Health and Safety (WHS) obligations. Under the Work Health and Safety Act 2011, employers have a duty of care for the safety of their employees, even when they are working remotely.

The form should include a declaration where the employee agrees to maintain a safe workspace. This might include a checklist for ergonomics or electrical safety. While a full Workstation Assessment might be a separate document, the request form should flag this requirement.

Privacy Disclaimer

If your business has an annual turnover of more than $3 million, you must comply with the Privacy Act 1988. This means any personal information collected on this form must be handled securely. The form should include a short statement explaining that the information provided will be kept confidential and only used to assess the flexible work request.

How to Write a Flexible Working Arrangement Request Form (Step by Step)

Creating a form that is legally robust and easy to use takes a bit of planning. Follow these steps to draft a document that works for your Australian business.

Step 1: Set the Standard and Tone

Start the document with a clear title and a brief introduction. The tone should be professional yet supportive. You might state that your company supports work-life balance and is open to considering requests that suit both the employee and the business.

Include a statement that submission of the form does not guarantee approval. This manages expectations immediately. It protects you from an employee assuming that because they filled out the form, the change is automatic.

Step 2: Build the Eligibility Checklist

Create a section titled "Employee Details and Eligibility." Include fields for their name, job title, and date of commencement. Then, insert the eligibility checklist derived from Section 65 of the Fair Work Act. Use checkboxes for the categories listed above (parent, carer, disability, etc.).

Add a field for the employee to sign and date this section. This confirms they are telling the truth about their eligibility.

Step 3: Define the Desired Changes

Create a table or a clear list for the "Proposed Arrangements." Do not rely on open-ended paragraphs. Use labelled fields for:

• Current hours/days.
• Proposed hours/days.
• Total hours per week (to ensure pay is calculated correctly).
• Proposed work location.

Ask the employee to describe the change in detail. For example, "I propose to work from home on Mondays and Fridays and work from the office Tuesday to Thursday."

Step 4: Explain the "Why"

Add a section titled "Reasons for Request." Include a text box large enough for a detailed explanation. You can also add a sub-section asking, "How do you think this arrangement will affect your work and the team?" This encourages the employee to think about the business impact, not just their own needs. This aligns with industry best practice which encourages self-assessment.

Step 5: Address Consultation and Review

Industry best practice suggests including a section on trial periods. HR experts often recommend a trial period of 3 to 6 months for new arrangements. Include a clause that says, "I agree to a trial period of [X] months, after which the arrangement will be reviewed."

Also, include a sentence acknowledging that the employer may need to discuss this request before making a decision. This reinforces the requirement for consultation under the Act.

Step 6: Create an Employer Response Section

Leave a space at the bottom of the form for the employer or manager to use. This should include:

• A checkbox for "Approved" or "Refused" (or "Approved with modification").
• A space to write the reasons if the request is refused.
• A field for the date of the decision.
• A signature line for the manager.

This section acts as a reminder that the employer must respond in writing within 21 days.

Common Mistakes to Avoid

There are several pitfalls that Australian business owners and employees fall into when dealing with flexible work requests. Avoiding these mistakes will save you time and potential legal action.

Vagueness in the Request

One of the biggest mistakes is submitting a request that is too vague. Saying "I want to work less" or "I need more flexibility" does not give the employer enough information to assess the impact. The employer needs to know exactly when the employee will be available. Without this, the employer is legally entitled to ask for more details, which delays the 21-day clock. Always ensure the form demands specific dates and times.

Ignoring the 21-Day Rule

Employers often ignore the strict deadline. The Fair Work Act requires a written response within 21 days of receiving the request. This is a tight turnaround. If an employer misses this deadline, the employee may be able to take the matter to the Fair Work Commission. Do not leave the form in a drawer. If you need more time to think, you must still respond within 21 days, even if that response is to request a meeting to discuss it further.

Failing to Discuss Before Refusing

Some employers simply write "No" on the form and send it back. This is risky. The Fair Work Ombudsman states that employers must discuss the request with the employee before refusing. You need to try to find a compromise. A refusal without any discussion is likely to be seen as unreasonable by a tribunal. Use the form as an agenda for a meeting, not just a yes/no vote.

Accepting Informal Requests in the Trades

In the trades sector, arrangements are often made over a handshake or a text message. While this works fine when things go well, it creates a mess if there is a dispute about pay or loadings. If a worker changes from full-time to part-time via text message, and later claims unpaid overtime, you have no proof of the agreement. Always insist on filling out the form to create a proper record of the change.

Forgetting WHS for Remote Work

Approving a work-from-home request without considering safety is a major mistake. If an employee injures themselves at home while working, you could be liable under WHS laws. The request process should trigger a safety check. Do not approve the form until you have confirmed their home office is safe.

Not Updating the Contract

A common error is approving the form but forgetting to update the Employment Contract. The request form is evidence of the agreement, but the legal contract needs to reflect the new hours and pay rate. If the contract still says 38 hours and the employee works 20 hours, you run into issues with leave accruals and redundancy pay.

Legal Considerations (AU)

Understanding the legal framework is essential for using this document correctly in Australia. The following laws and standards directly impact how you handle flexible work requests.

The Fair Work Act 2009 (Cth)

This is the primary legislation you need to know. Part 2-2, Division 4 of the Act sets out the entitlement to request flexible work. It applies to most employees in the national workplace relations system, which includes all private sector businesses in Australia. There are very few exceptions.

If an employee is eligible, they can make a request. If the employer refuses, they must be able to prove they had "reasonable business grounds." These grounds are listed in Section 78FD of the Act. They include:

• The change would be too costly.
• The change would have a significant negative impact on efficiency, productivity, or customer service.
• There is no capacity to change the working arrangements of other employees to accommodate the request.
• The change would make it impractical to change the working arrangements of other employees.

If you refuse a request, you must put these reasons in writing. You cannot simply say "business needs." You have to be specific.

State Variations and Exceptions

While the Fair Work Act is the main law, there are minor state variations to be aware of. Generally, state industrial relations laws do not apply to private sector businesses like trades or startups. However, unincorporated partnerships in Western Australia and some local government employees may fall under state systems.

For the vast majority of Australian SMEs, the Commonwealth Fair Work Act is the only law that matters. You do not need separate forms for different states.

Privacy Act 1988

When an employee fills out this form, they are sharing sensitive personal information. This is especially true if they are disclosing a disability or family violence status. If your business turnover exceeds $3 million AUD, you are bound by the Privacy Act. You must protect this data. You cannot share it with other staff members unless it is necessary. Ensure the form includes a privacy collection statement to stay compliant.

Anti-Discrimination Laws

Employers must be careful not to discriminate against employees who request flexible work. Refusing a request based on an attribute like gender, age, or disability is illegal under state and federal anti-discrimination laws. For example, automatically refusing a request from a pregnant woman while approving one for a male colleague could be grounds for a discrimination claim. The request form creates a record that can be used to prove or disprove such claims, so handle the process fairly.

Dispute Resolution

If an employee believes their request was unreasonably refused, they can apply to the Fair Work Commission. The Commission can mediate the dispute or, in some cases, make an order that the employer accept the request. Having a well-completed form that shows you considered the request seriously, discussed it, and had valid business grounds is your best defence in this scenario.

Small Business Fair Dismissal Code

If a flexible work arrangement leads to performance issues or the employee cannot meet the new requirements, you might need to let them go. For small businesses (fewer than 15 employees), the Small Business Fair Dismissal Code applies. Good documentation of the flexible work arrangement and the reasons for any subsequent refusal to vary the contract further is vital to protect against unfair dismissal claims.

Frequently Asked Questions (preview)

Does an employee have to give reasons for their request?

Yes. Under the Fair Work Act, the request must be in writing and must specify the change sought and the reasons for the request. A request without reasons is not technically valid.

Can I refuse a request because it is inconvenient?

"Inconvenience" is not usually enough to be a "reasonable business ground." You need to show that the refusal is based on significant impact on the business, such as cost, customer service, or inability to reorganise work for others. You must discuss the request first.

Is an email a valid request?

Yes, an email is considered "in writing." However, a formal Flexible Working Arrangement Request Form is better because it ensures all the necessary details are included and acts as a formal record for both parties.

What happens if I don't respond within 21 days?

If you do not respond within 21 days, the employee can refer the matter to the Fair Work Commission. The Commission may deal with the dispute as a failure to follow the procedure. It creates significant legal risk for the business.

Do I need a separate form for working from home?

Not necessarily. A standard flexible work form can cover working from home, provided it has a section for "Location." However, it is best practice to attach a separate WHS Risk Assessment when approving remote work to meet your safety obligations.

Can casual employees request flexible work?

Yes, but only if they are long-term casuals. They must have been employed by the employer on a regular and systematic basis for at least 12 months, with a reasonable expectation of continuing employment on that basis.