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 (casual conversion)
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 (casual conversion)
Casual conversion is where a long-term casual becomes a permanent employee.
Key points
- Under the Fair Work Act, small businesses (less than 15 employees) don’t have to offer casual conversion.
- However, an eligible employee can still ask to become permanent if they meet the requirements (such as an under their award or agreement).
- To be eligible to request casual conversion, a casual employee:
- needs to have been employed by the employer for at least 12 months
- needs to have worked a regular pattern of hours on an ongoing basis for at least the last 6 months
- could continue working these hours as a full-time or part-time employee without significant changes.
- If you refuse a request, the employee can make another request again in 6 months if they meet the criteria again.
- You should also review your award or agreement to ensure you comply with any obligations that may apply.
Your obligations
- As the employer, you will need to consult with your employee about a casual conversion request.
- You need to provide a written response within 21 days of receiving their request stating either you are:
- granting the request, or
- refusing the request (you need to provide the reasonable business grounds for the refusal).
Resources and tools
- More information:
- learn more about casual conversion on our Becoming a permanent employee page.
- understand what casual employment means and what rights and entitlements they get at Casual employees.
- Templates: if you are converting a casual employee to permanent, you can access our free templates for casual conversion in PDF or Word: