Request for Flexible Working Arrangements: Template and Your Rights (Australia, 2026)

A request for flexible working arrangements in Australia is a written request under section 65 of the Fair Work Act 2009 to change your hours, pattern or location of work, including working from home. You need 12 months' continuous service. Casuals need 12 months as a regular casual, with a reasonable expectation of ongoing regular work. A listed circumstance must also apply, such as caring for a child of school age or younger, disability or being 55 or older. The request must be in writing and set out the change you want and your reasons. Your employer must reply in writing within 21 days. It can refuse only on reasonable business grounds, and only after discussing the request with you and genuinely trying to agree.

This page is the practical companion to the Fair Work Ombudsman's guidance: a template you can copy, a checklist for the reply, and what happens if the answer is no. It is written for employees covered by the Fair Work Act's National Employment Standards, with a note below for Western Australia's state system. It is not legal advice. No lawyer reviewed it, and the law quoted is the Act as compiled on 7 July 2026 (Federal Register of Legislation, Compilation No. 73). For the same right in other countries, see the right to request remote work, country by country.

Who can make a request for flexible working arrangements?

You can make a formal request if two things are true: you meet the service test, and one of the listed circumstances applies to you. Both come from section 65 of the Fair Work Act (legislation.gov.au, compiled 7 July 2026).

The service test (s65(2)):

• Permanent employees (full-time or part-time): at least 12 months of continuous service with the employer immediately before the request.
• Casual employees: a regular casual employed on that basis for a sequence of periods over at least 12 months, with a reasonable expectation of continuing employment on a regular and systematic basis.

The circumstances (s65(1A)). At least one must apply to you:

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

The request has to be because of that circumstance and relate to it (s65(1)). A parent asking for two home days to manage school drop-off qualifies. A request made only because you prefer to avoid the commute is not a section 65 request, although you can still ask; see how to convince your boss to let you work remotely for that route.

What you can ask for. The Act's note to s65(1) gives examples: changes in hours of work, changes in patterns of work and changes in location of work. Working from home, a hybrid pattern, compressed hours, different start and finish times and part-time hours all fit. Section 65(1B) adds that a parent returning from birth or adoption leave may ask to work part-time.

Not in the national system? Western Australia runs its own system for state public sector and local government employees, and for private employers that are not national system employers, generally sole traders and partnerships. Since 31 January 2025, those employees have a parallel right with the same circumstances, the same 12-month test and the same 21-day response (WA Industrial Relations Commission, retrieved 28 October 2026). The WA Government publishes its own template letters for that system.

WA is not the only case: if you work for a state government or a local council in another state, check with HR or your union whether your employer is in the national system before relying on section 65, because some state public sector and local government employees are covered by state industrial law instead.

What must the written request include?

Section 65(3) sets two formal requirements, and only two. The request must:

1. be in writing, and
2. set out details of the change sought and of the reasons for the change.

The Act prescribes no form, so a dated letter or email that covers both is the usual approach. In practice, a request that will survive a dispute also states which circumstance applies, confirms your service, says when you want the change to start and explains how the work will keep running. The template does all of that.

Flexible work request template (copy and fill in)

Replace everything in [square brackets] and delete the lines that do not apply. The example is a hybrid arrangement: two days a week working from home for a parent of a primary-school child. Swap in your own circumstance and pattern.

Copy this request

Subject: Request for flexible working arrangements under section 65 of the Fair Work Act 2009

[Date]

Dear [Manager's name],

Formal request. I am making a request for a change in my working arrangements under section 65 of the Fair Work Act 2009.

My eligibility. I have worked for [employer name] since [start date], which is at least 12 months of continuous service. [For casuals: I have worked as a regular casual employee on a regular and systematic basis since [date] and expect that to continue.] I am making this request because [I am the parent of a child who is school age or younger / I am a carer / I have a disability / I am 55 or older / I am pregnant / another circumstance from s65(1A)].

The change I am asking for. I would like to work from home on [Tuesdays and Thursdays] and from [the office address] on [Monday, Wednesday and Friday], keeping my current hours of [8:30 am to 5:00 pm]. I would like this to start on [date, at least four weeks away]. [Optional: I am happy to start with a [three]-month trial and review it on [date].]

My reasons. [My son starts Year 2 at a school 40 minutes from the office. On my home days I can do drop-off and pick-up and still work my full hours, which I cannot do on office days without leaving early.] [Add one or two specific, true facts linking the change to your circumstance.]

How the work will continue. On home days I will be available on [Teams / Slack / phone] during [core hours, e.g. 9:00 am to 4:30 pm], attend meetings by video, and keep my current response times on [queue, inbox or roster]. I will be in the office for [team meetings / client days / training] and will swap a home day for an office day when needed with [24 hours'] notice. [If true: I already have a work laptop and remote access, so the change needs no new equipment.] I will send [a short written update at the end of each home day / a weekly summary] so you can see what I have delivered.

What I am asking you to consider. I understand you need to respond in writing within 21 days. If anything in this request does not work for the team, I would like to discuss it and find a change that does, for example [one home day instead of two / different days]. I am available to meet on [dates].

Kind regards,

[Your name], [position, team]

Why each part is there

Naming section 65 signals the formal process. The Act does not require you to cite the section; a written request that meets s65(3) is enough. Naming it makes clear the statutory process applies, including the 21-day written response, so an informal chat about hybrid work is not mistaken for the request.

Eligibility and circumstance are stated, not implied. If the request ends up at the Fair Work Commission, a dispute only exists about a request "under subsection 65(1)" that relates to circumstances that apply to you (s65B(1)). Put them on the record.

"The change" is specific. Named days, hours and a start date are the "details of the change sought" that s65(3) requires. "More flexibility" is not.

"My reasons" links the change to the circumstance. That is the other half of s65(3). Keep it factual, and share only what explains the request.

"How the work will continue" answers the refusal grounds in advance. The Act lists cost, capacity to rearrange other staff, the impracticality of rearranging staff or recruiting, loss of efficiency or productivity, and customer service as examples of reasonable business grounds (s65A(5)). Most lines of that paragraph speak to one of them; add a line on cost if the change needs equipment or other spending. For a fuller one-page plan with measures and check-in dates, adapt the remote work proposal template and attach it.

The closing invites discussion. Your employer must discuss the request and genuinely try to reach agreement before it can refuse (s65A(3)). Offering an alternative shows you are part of that process.

Keep a copy of what you sent and note the date. Day 21 matters.

What must your employer do within 21 days?

Your employer must give you a written response within 21 days (s65A(1)). Since 6 June 2023, when Part 11 of Schedule 1 to the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 commenced (Fair Work Act, Volume 4, Endnote 3, compiled 7 July 2026), the response has to take one of three forms (s65A(2)):

1. it grants the request;
2. after discussion, it sets out a different change you have both agreed; or
3. it refuses the request, with the details listed in the table below.

When can your employer refuse? Only if all of these conditions in s65A(3) are met:

• it has discussed the request with you;
• it has genuinely tried to reach agreement about changes that would accommodate your circumstance;
• you and your employer have not reached such an agreement;
• it has had regard to the consequences of the refusal for you; and
• the refusal is on reasonable business grounds.

What counts as reasonable business grounds? Section 65A(5) gives a non-exhaustive list. A refusal can rest on grounds such as:

• the new arrangement would be too costly for the employer;
• there is no capacity to change other employees' arrangements to accommodate it;
• it would be impractical to change other employees' arrangements, or recruit new staff, to accommodate it;
• it would likely cause a significant loss in efficiency or productivity;
• it would likely have a significant negative impact on customer service.

A note to that subsection says the employer's circumstances, including the nature and size of the business, are relevant. A five-person business may genuinely have no capacity to rearrange others; a large employer will find that harder to argue.

Checklist: does a refusal meet the Act?

Use this table to check a written refusal. Each row is a requirement of s65A(6).

Any refusal can be taken to the Fair Work Commission (s65B), but one that misses rows, or came without a discussion, is harder for the employer to defend. A blanket return-to-office policy, quoted on its own, is unlikely to explain how business grounds apply to your request, which is what s65A(6)(b)(ii) asks for. If that is what you are dealing with, see how to respond to a return-to-office mandate.

What if your employer refuses or does not reply?

If your employer refuses, or 21 days pass without a written response, you can use the dispute process in sections 65B and 65C (legislation.gov.au, compiled 7 July 2026).

1. Try to resolve it at work first. The Act requires the parties to attempt to resolve the dispute at the workplace level, by discussion (s65B(2)). Reply in writing, ask about any missing items from the checklist, and propose an alternative.
2. Refer it to the Fair Work Commission. If discussion does not resolve it, either party may refer the dispute to the Commission (s65B(3)). You can be supported or represented by a person or an industrial association such as a union (s65B(5)); the note to that subsection says a lawyer or paid agent needs the Commission's permission (s596).
3. Conciliation first. The Commission must first deal with the dispute by means other than arbitration, unless there are exceptional circumstances (s65B(4)). The Act's note says it commonly uses conciliation, and may also mediate, make a recommendation or express an opinion.
4. Arbitration if needed. The Commission can then make the orders in s65C(1), listed below.

What the Commission can order

The arbitration orders the Commission can make under s65C(1) are:

• if there was no written response, an order that the employer is taken to have refused;
• where the employer refused, an order that its grounds were, or were not, reasonable business grounds;
• if the response was missing or inadequate, an order that the employer take further steps, such as giving a proper response;
• an order that the employer grant the request, or make other specified changes.

Two limits apply. The Commission must take into account fairness between you and your employer (s65C(2)). It can order the employer to grant the request or make other changes only if satisfied there is no reasonable prospect of resolving the dispute without that order (s65C(3)). Once made, an order is binding: s65C(6) prohibits contravening it and is a civil remedy provision, so a breach can attract civil penalties.

Can your employer punish you for asking?

No. Making a request under the flexible working provisions is a "process" that gives you a workplace right (s341(2)(i)). The general protections forbid adverse action against you because you exercised or proposed to exercise a workplace right (s340(1)). Adverse action includes dismissing you or injuring you in your employment (s342). Act quickly if you are dismissed: a general protections application involving dismissal must be made within 21 days after the dismissal took effect, unless the Commission allows more time in exceptional circumstances (s366). These provisions are in Volume 2 of the Fair Work Act, compiled 7 July 2026.

Where to apply

The Commission's own application pages and forms did not load when we checked on 28 October 2026, so this page does not name the form, fee or any time limit for a flexible working dispute. Start from the Fair Work Commission's website (fwc.gov.au), or ask your union or the Fair Work Ombudsman.

Do awards and enterprise agreements change the rules?

They can add to the rules but cannot take away from them. The flexible working right is part of the National Employment Standards (NES), and a modern award or enterprise agreement can include terms that are ancillary to, or supplement, the NES, but only to the extent they are not detrimental to the employee in any respect (s55(4)). Check your award or agreement for a flexible work clause that gives you more, such as a broader list of eligible employees or a set process.

Three other points matter in practice:

• Dispute clauses. Modern awards and enterprise agreements must include a procedure for settling disputes about the NES (note 1 to s65B(1)). Your agreement's dispute clause may give you a second route alongside section 65B.
• Individual flexibility arrangements are different. Every modern award must include a flexibility term that lets you and your employer agree to vary the effect of certain award terms for you alone (s144). That is an agreement both sides must genuinely make, not a right to request, and it varies award terms such as hours rather than giving you a work-from-home entitlement.
• Contracts and policies. Your employment contract or a company hybrid policy may already allow home days. Check them before using the formal process; a policy you already meet is faster than a section 65 request.

The Act also says it does not exclude state or territory laws that give more beneficial flexible working entitlements (s66).

Is there a right to work from home in Victoria?

Not yet, and the bill that would create one has stalled. The Equal Opportunity Amendment (Work from Home) Bill 2026 would give eligible Victorian employees a right to work from home two days a week where it is reasonable to do so, pro rata for part-time and regular casual employees (Victorian Equal Opportunity and Human Rights Commission, retrieved 28 October 2026). It passed the Legislative Assembly on 30 July 2026. On 10 September 2026, the Legislative Council referred it to a select committee due to report by 20 October 2026 and deferred the second reading until the report (Victorian Legislation, retrieved 28 October 2026).

On 28 October 2026 the bill page still showed it at the Council's second reading, with no report or Royal Assent recorded.

Until it passes, Victorian employees in the national system rely on section 65 like everyone else. The country-by-country right-to-request guide linked at the top of this page tracks the bill alongside other countries' laws and will be updated if it moves.

How do you make a flexible working request stronger?

The law guarantees a process, not a yes. These steps make the yes easier.

• Make it small and reversible. Two named days with a review date is easier to approve than an open-ended change. A trial replaces your employer's guesses about cost or productivity with evidence from your own role.
• Answer the listed grounds before they are raised. Cost: does the change cost the business anything, and if so what? Capacity and impracticality: who covers what, and when? Efficiency and customer service: how will response times and output stay the same?
• Show the work, not the hours. Managers who cannot see you worry about output. A short written update on each home day turns that worry into evidence. Some people use a tool that reconstructs the workday automatically, such as DoneThat, which publishes this blog; a plain email works too.
• Bring the research only if asked. The evidence on hybrid work and productivity is mixed by setup; what the research shows on remote versus office productivity summarises the main studies and their limits.
• Put a number on the commute if it helps your case. The commute cost calculator turns your route into hours a year. Keep it as background. Under section 65, your reason must relate to your circumstance, not the commute.
• Use the full proposal for a formal process. If your employer has an HR flexible work procedure, attach a one-page plan built from the remote work proposal template linked above, with measures and check-in dates.

Frequently Asked Questions

Can my employer refuse a request for flexible working arrangements?

Yes, but only on reasonable business grounds, and only after discussing the request with you, genuinely trying to agree and considering the consequences for you (s65A(3)). The refusal must be in writing within 21 days and explain the grounds, how they apply, any alternatives the employer would accept, and your right to go to the Fair Work Commission.

Do I need 12 months' service to request flexible work?

For a formal section 65 request, yes: 12 months' continuous service, or for casuals, regular and systematic work over at least 12 months with a reasonable expectation that it will continue (s65(2)). You can still ask informally before then, but the 21-day response and dispute rights do not apply.

Can I request to work from home under the Fair Work Act?

Yes. A change in location of work is one of the Act's own examples of a change in working arrangements (note to s65(1)). Working from home on set days, or full time, can be requested if you meet the service test and a listed circumstance applies.

Does a flexible working request have to be in writing?

Yes. Section 65(3) requires the request to be in writing and to set out the details of the change and the reasons for it. The Act prescribes no form, so a dated letter or email is the usual approach. A verbal request is not a section 65 request, so it does not start the 21-day clock.

What happens if my employer does not respond within 21 days?

You can treat it as a dispute. After trying to resolve it at work, you can refer it to the Fair Work Commission (s65B(1)(b)(ii) and (3)). The Commission can order that the employer is taken to have refused, order it to give a proper response, or, if there is no reasonable prospect of resolution otherwise, order it to grant the request (s65C).

Can casual employees request flexible working arrangements?

Yes, if you are a regular casual who has worked on that basis for at least 12 months and you reasonably expect the work to continue on a regular and systematic basis (s65(2)(b)), and a listed circumstance applies.

Is this legal advice?

No. This page explains the Act as compiled on 7 July 2026 and was not reviewed by a lawyer. For your situation, check the Fair Work Ombudsman's guidance, your award or agreement, and speak to your union, a community legal centre or an employment lawyer.

Before you send it

A request for flexible working arrangements works best when it reads like a plan: your circumstance, the exact change, the reasons, and how the work keeps running. Send it in writing, note the date, and expect a written answer within 21 days. If the answer is no, check it against the refusal table before deciding what to do next.

For more on making remote and hybrid work hold up once it is approved, browse the remote work articles.

Sources

• Federal Register of Legislation. Fair Work Act 2009, Compilation No. 73, Volume 1 and Volume 4, compilation date 7 July 2026 (Authorised Version C2026C00355, registered 31 July 2026). Sections 55, 65, 65A, 65B, 65C, 66, 144, 340, 341, 342 and 366 (Volume 2: ss340-366), and Endnote 3 (legislation history) for the 6 June 2023 commencement. Retrieved 28 October 2026.
• Federal Register of Legislation. Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022, Schedule 1, Part 11 (Flexible work). Retrieved 28 October 2026.
• Victorian Legislation. Equal Opportunity Amendment (Work from Home) Bill 2026, bill status page. Retrieved 28 October 2026.
• Victorian Equal Opportunity and Human Rights Commission. Work from home, undated page on the bill. Retrieved 28 October 2026.
• Western Australian Industrial Relations Commission. Flexible working arrangement disputes. Retrieved 28 October 2026.
• Government of Western Australia. Template letters for flexible working arrangement requests, last updated 30 January 2025.
• Fair Work Ombudsman. Flexible working arrangements (fairwork.gov.au, under Employment conditions, Flexibility in the workplace). This page timed out when we tried to load it on 28 October 2026; nothing above relies on it.

Written by Don, DoneThat's AI coach (LinkedIn) - so this article is AI-written. Every legal point is cited to the section of the Act or the official page it comes from, and listed in the Sources. It is general information, not legal advice. Reviewed by Christoph Hartmann, founder of DoneThat. More about DoneThat; corrections and questions go to support.