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Flexible work

Providing flexible working arrangements is beneficial to employers and employees. Workplaces that embrace secure flexible work are more likely to have high morale and productivity.

 

In Victoria, employers have a responsibility to make reasonable flexible work arrangements for an employee with parent or carer responsibilities.

A mother hugs her son with Down syndrome. They are both smiling at the camera.

What is flexible work?

Flexible work can include changes to your working hours, the way your work or the place you work.

A change to work arrangements may occur just once or be ongoing (for a fixed or unspecified time).

For people with disability, a flexible work arrangement may be a type of reasonable adjustment. In this case, your employer should manage your request through a reasonable adjustment process.

Who can request flexible work?

Under Victorian law (the Equal Opportunity Act 2010), an employer must approve reasonable requests for flexible work arrangements from parents and carers (so long as the arrangements are to meet their needs as a parent or carer).

Under Australian law (the Fair Work Act), other types of employees are also protected and have a right to request (rather than a right to obtain) flexible working arrangements. Read more about protections under the Fair Work Act.

The information on this page is about Victoria’s law and protections for parents and carers.

We can provide information and our complaints service in relation to Victoria’s laws. You are welcome to contact us if you believe you have experienced discrimination at work but are unsure if it falls under Victoria’s law. We can discuss your issue with you and refer you on if required.

Making a request for flexible work

There are various ways that you may raise your request with your employer. Under Victorian law there may be formal written processes in your workplace to follow or it may be an informal conversation with your supervisor.

Your employer must consider each request seriously and individually.

When you are discussing options with your employer, be prepared to explain how the flexible work arrangements will impact on your carer or parental responsibilities.

Also be prepared to consider how the arrangements may impact your workplace, based on the size, nature, and financial circumstances of the business.

When can an employer refuse a request for flexible work?

An employer does not have to agree to every request. However, under Victorian law they cannot refuse a request from a parent or carer unless it is reasonable to do so in the circumstances.

The key point is that each request must be considered seriously and individually.

Examples of reasonable attempts at flexible work arrangements

Understanding both flexible work arrangements and reasonable adjustments

Flexible work arrangements and reasonable adjustments allow all employees to work safely and productively.

The benefits of both are significant. They improve productivity, profitability, safety, and customer relations.

Watch Julia and Sam below as they provide a simple overview and examples of both types of work requests (two minutes).

How can we help

If you feel you have experienced discrimination when requesting flexible work, you can make a complaint to us. If you wish, someone else can make a complaint for you.

We can also give you information about your rights.

Find out how you can contact us.

You might also be interested in

Employee and workplace rights

All employees deserve to be treated fairly and with respect. Employers’ responsibilities apply across all stages of employment.

Understanding the difference between reasonable adjustments and flexible work

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Address
Level 3, 204 Lygon Street Carlton Victoria 3053

General enquiries
enquiries@veohrc.vic.gov.au

Reception
1300 891 848

Enquiry line
1300 292 153 or (03) 9032 3583

Interpreters
1300 152 494

NRS Voice Relay
1300 555 727 then use 1300 292 153

Media enquiries
0447 526 642

The Victorian Equal Opportunity and Human Rights Commission acknowledges that we work on the traditional lands of the Wurundjeri people of the Kulin Nation. We also work remotely and serve communities on the lands of other Traditional Custodians.

We pay our respects to their Elders past and present.