Work: Your rights around flexible work in Australia
Under Australian law, eligible employees have the legal right to request flexible working arrangements from their employer. This isn't a favour you're asking. It's a right protected by the Fair Work Act if you have justifiable reason to need to work from home and your job allows you to do so.
Who is eligible to make a request
You have the right to request flexible working arrangements if you have worked with your employer for at least 12 months (or are a long-term casual employee with a reasonable expectation of continuing employment) and you fall into one of the following categories:
You are a parent or have caring responsibility for a child of school age or younger
You are a carer (within the meaning of the Carer Recognition Act 2010)
You have a disability
You are 55 years of age or older
You are experiencing family or domestic violence
You provide care or support to a member of your immediate family or household who requires care or support due to family or domestic violence
If you are experiencing or have experienced family violence, this is specifically listed as grounds for a flexible work request — which means you can request changes to your hours, location or start and finish times on this basis.
What you can request
A flexible work request can cover:
Changes to hours of work — including part-time, reduced hours or compressed weeks
Changes to patterns of work — including different days, split shifts or variable hours
Changes to location — including working from home, a different office, or hybrid arrangements
How to make the request
The request must be made in writing and include:
The change you are requesting
The reason for the request
You don't need to go into significant personal detail. "I am requesting to work from home two days per week as I have caring responsibilities for a school-age child" is sufficient. You are not required to disclose sensitive personal information beyond what's reasonably necessary to establish eligibility.
What your employer must do
Your employer must respond in writing within 21 days. They must either agree to the request or refuse it — and if they refuse, they must provide written reasons based on reasonable business grounds.
Reasonable business grounds can include things like: the arrangement would be too costly, other employees' working arrangements can't be accommodated, or it would have a significant negative impact on customer service. They cannot refuse simply because they prefer not to.
Since June 2023, amendments to the Fair Work Act also require employers to genuinely try to reach an agreed arrangement before refusing — including discussing alternatives with you. A blanket "no" without genuine discussion may no longer be legally sufficient.
If your request is refused
If you believe your request was refused unfairly, you can:
Ask your employer to reconsider and explain the basis for their refusal
Contact the Fair Work Ombudsman (fairwork.gov.au) for advice — free and confidential
Make an application to the Fair Work Commission if you believe the refusal was unreasonable
A practical note
Legal rights are one thing — navigating workplace relationships is another. Many women find it helpful to approach a flexible work request as a conversation first, a formal request second. Coming with a clear proposal — "I'd like to work from home on Wednesdays and Fridays, and here's how I'd manage my responsibilities" — rather than a vague request tends to get better outcomes.
If your employer is supportive in principle, the formal request locks it in. If they're not, the formal process gives you a clear path forward.
Help for Her provides general information and guidance only. For advice specific to your employment situation, contact the Fair Work Ombudsman at fairwork.gov.au or speak with an employment lawyer.