Flexible work is now a major workplace issue for employers across Australia.
Requests to work from home, change start and finish times, reduce working hours or adjust work patterns are increasingly common. However, employers are not required to automatically approve every request.
Under the Fair Work Act 2009 and the National Employment Standards, eligible employees can request flexible working arrangements in certain circumstances. Employers can refuse a request, but only where they follow the required process and have reasonable business grounds for doing so.
For employers in Brisbane, Queensland and across Australia, understanding what can legitimately be refused is essential.
Who Can Request Flexible Working Arrangements?
Eligible employees may request changes to their:
- Hours of work
- Patterns of work
- Location of work, including working from home
Generally, full-time and part-time employees must have worked with the same employer for at least 12 months before making a request. Eligible employees include those with caring responsibilities, a disability, pregnancy, family and domestic violence circumstances, or those aged 55 or older. Certain long-term casual employees may also be eligible to make a request.
However, the right is generally a right to request flexibility, not an automatic right to receive the exact arrangement requested.
Employers Cannot Simply Say “No”
An employer cannot reject an eligible flexible work request simply because the proposed arrangement is inconvenient or does not align with a manager’s personal preference.
Before refusing a request, an employer must:
- Discuss the request with the employee.
- Genuinely try to reach an agreement about alternative arrangements.
- Consider the consequences of refusing the request for the employee.
- Have reasonable business grounds for the refusal.
The employer must also provide a written response within 21 days.
This means employers should approach flexible work requests as a genuine consultation process rather than a simple approval or rejection decision.
What Are “Reasonable Business Grounds”?
Whether an employer has reasonable business grounds will depend on the specific circumstances.
The Fair Work Act provides several examples that may support a refusal, including where the proposed arrangement:
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Would Be Too Costly
An employer may have reasonable business grounds where the requested arrangement would create costs that are unreasonable for the business.
However, employers should be able to explain the practical financial impact rather than relying on a general statement that flexibility would cost money.
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Cannot Be Accommodated by Other Employees
A request may create legitimate difficulties where other employees’ working arrangements cannot reasonably be changed to accommodate it.
For example, a small business may have limited staff available to cover particular shifts or essential duties.
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Would Be Impractical to Accommodate
Employers may have reasonable business grounds where it would be impractical to reorganise existing staff arrangements or recruit additional employees to accommodate the request.
The size and nature of the business can be relevant when assessing what is practical.
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Would Cause Significant Inefficiency or Productivity Loss
An employer may refuse a request where the proposed arrangement is likely to result in a significant loss of efficiency or productivity.
The key issue is whether the impact is genuinely significant. Employers should be cautious about making assumptions without considering the employee’s actual role and how the proposed arrangement would operate in practice.
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Would Significantly Affect Customer Service
Where an employee’s requested arrangement would have a significant negative impact on customer service, this may provide reasonable business grounds for refusal.
This may be particularly relevant for businesses that require employees to be physically present during specific operating hours or where customers rely on immediate access to particular staff or services.
Consider Alternatives Before Refusing
Employers are not required to choose only between approving the request in full or rejecting it completely.
A different arrangement may be possible.
For example, an employer and employee may agree to:
- Different start and finish times
- A combination of office and remote work
- Different days worked from home
- A temporary arrangement
- A trial period to assess whether the arrangement works
The Fair Work Ombudsman recommends that employers and employees explore alternative arrangements and consider trial periods where appropriate.
This can help employers manage operational needs while still attempting to accommodate the employee’s circumstances.
What Happens If an Employer Gets It Wrong?
A refusal can be challenged through the Fair Work Commission if the dispute cannot be resolved in the workplace.
The Commission can assist through conciliation or mediation and, in some circumstances, arbitration. It may determine whether the employer had reasonable business grounds and can make binding orders in certain cases, including orders relating to the employee’s working arrangements.
Employers should also be aware that adverse action against an employee because they made a flexible work request may create additional legal risks.
What Should Employers Do in 2026?
When receiving a flexible work request, employers should:
- Check whether the employee is eligible to make the request.
- Respond in writing within 21 days.
- Discuss the request with the employee.
- Consider practical alternatives.
- Assess the impact on costs, staffing, productivity and customer service.
- Document the reasons for any refusal.
- Ensure the refusal explains how the reasonable business grounds apply to the specific request.
A flexible work request should not be treated as a routine administrative task. Each request should be assessed based on the employee’s circumstances and the operational needs of the business.
Need Advice About a Flexible Work Request?
Flexible work requests can involve competing employee and business needs. While employers can say “no” in appropriate circumstances, the refusal must follow the correct legal process and be supported by reasonable business grounds.
NB Employment Law can assist employers with reviewing flexible work requests, preparing compliant responses, managing workplace disputes and developing workplace policies that balance flexibility with operational requirements.