Employers and employees can agree to flexible working arrangements to suit their individual needs.
Being open to flexible working options can build trust, boost morale and aid staff retention.
On this page:
- Get requests right
- Flexible working arrangements
- Individual flexibility arrangements (IFAs)
- Making a casual employee permanent
Get requests right
Use the information on this page to understand flexible working arrangements and other requests.
We recommend you:
- Understand the essentials: read the information on this page to get the basics.
- Get the full picture: use the links back to our main website if you want to know more.
- Free and fast learning: consider free online learning to upskill in workplace issues — start with our 20-minute Workplace basics quiz.
- Take the stress out: use our free tools and templates to take the stress out of managing these requests.
Flexible working arrangements
Anyone can request workplace flexibility – but certain employees have a legal entitlement to request flexible working arrangements.
Key points
- Flexible working arrangements include changes to:
- their hours of work – for example, start and finish times
- the way they work – for example, split shifts or job sharing
- where they work – for example, working from home.
- Full-time, part-time and some casuals can make this request if they’re:
- carers of school-aged children
- over 55
- pregnant
- experiencing family and domestic violence.
- The above isn’t a complete list. Check our Flexible working arrangements page to see all the rules and criteria that applies.
- There are no specific rules in the Fair Work Act about working from home – these arrangements are usually agreed between you and an employee.
Your obligations
- If you get a request, you have to respond in writing within 21 days saying whether it’s approved or refused.
- We encourage you to communicate proactively with employees about their request and try to reach a mutual agreement.
- Keeping communication open and frequent can usually lead to better results.
- You can only refuse a request on reasonable business grounds – check what this means at Reasonable business grounds.
- If a request is refused, the written response needs to include the reasons for the refusal.
Resources and tools
- More information: check out our Flexible working arrangements page for more information on your responsibilities managing these requests.
- Online training: take our free course on Workplace flexibility (under 25 minutes) to learn how to make flexibility work for your business and staff.
- Guide: get best practice guidance on how to keep communication open and constructive in the workplace at Consultation and cooperation in the workplace.
Individual flexibility arrangements (IFAs)
If you and your employee want to make other flexibility changes, you can use an individual flexibility arrangement (IFA).
Key points
- An IFA lets you and your employee change the effect of certain clauses (or rules) in your award or agreement to suit you both.
- An IFA is used to make alternative arrangements that suit the needs of the employer and employee. For example, to change:
- working hours
- overtime rates
- allowances
- leave loading.
- An IFA can’t be used to reduce or remove your employee’s entitlements.
- If a registered agreement applies, check the flexibility clause in the agreement to see what it says. Find agreements from the Fair Work Commission – Find an agreement database.
Your obligations
- Both you and the employee must genuinely agree to an IFA. You can’t force an employee to sign an IFA to get a job.
- IFAs are made by written agreement and are signed by both you and the employee.
- An IFA must result in the employee being better off overall.
Resources and tools
- More information: check out our Individual flexibility arrangements page to understand IFAs and learn the rules on using them in the workplace.
- Awards: access a copy of your award from our List of awards page.
- Guide: get best practice advice for using IFAs via our Use of individual flexibility arrangements, a best practice guide.
- Online training: take our free course on Workplace flexibility (under 25 minutes) to learn how to make flexibility work for your business and staff.
Making a casual employee permanent
A casual employee can change to permanent employment (full-time or part-time) at any time if the employer and employee both agree.
Casuals have a pathway to permanent employment under the National Employment Standards. The employee choice pathway allows eligible casuals to notify their employer in writing of their intention to change to permanent employment.
Casuals employed before 26 August 2024
Rules about casual conversion changed on 26 August 2024. The casual conversion pathways that were available before 26 August 2024 continue to be available for employers and their casuals employed before 26 August 2024 for a transitional period. Find out more about Offers and requests for casual conversion.
Key points
- To be eligible for the employee choice pathway to permanent employment, a casual employee:
- needs to have been employed by the employer for at least 6 months (12 months for a small-business employer)
- believe they no longer meet the requirements of the casual employee definition.
- A casual can’t give a notice if:
- they currently have an ongoing dispute with their employer about changing to permanent employment, or
- in the last 6 months the employer has refused their previous notification, or they have resolved a pathway to permanent employment dispute by a relevant dispute resolution process.
- An employer can only refuse the notice for certain reasons.
- If the employer accepts the change, changes must take effect from the first day of the employee’s first full pay period starting after the employer gives their response, unless the employee and employer agree to another day.
- Additional obligations may be provided in the award or agreement.
Casuals employed before 26 August 2024
For casuals employed before 26 August 2024, the period of employment will be 6 months (or 12 months if employed by a small business) from the 26 August 2024. Employment before 26 August 2024 isn’t counted when assessing eligibility for the employee choice pathway.
A casual employed before 26 August 2024, also can’t provide notice if in the last 6 months:
- they’ve refused an offer from their employer to convert to permanent employment
- their employer has told them in writing that they won’t be making an offer of casual conversion, or
- their employer has refused a previous request for casual conversion.
Your obligations
- Before responding, you must consult with the employee. This includes discussing certain details of what will change if you accept the notice and the employee is no longer a casual employee.
- You need to provide a written response within 21 days of the employee giving the notice, either:
- accepting the change, or
- not accepting the change.
- There are rules about what you must include in your written response. Learn more about responding to a notice.
- You can’t take certain actions to avoid your obligations or an employee’s right to change to permanent employment. Learn more at protections at work.
Resources and tools
- More information:
- learn more about the pathway to permanent employment on our Becoming a permanent employee page.
- understand what casual employment means and what rights and entitlements they get at Casual employees.