For many employees, the biggest challenge isn’t leading a team or closing a deal—it’s managing the juggle of early pickups, unexpected fevers, and term-time childcare logistics. Yet asking for workplace flexibility still feels like a taboo in some businesses.
It shouldn’t be.
Even at the highest levels, Australian employment law recognises the need for balance. All employees with parenting responsibilities—especially for children under school age—are entitled to request flexible work under the Fair Work Act 2009 (Cth) (the Act). And beyond the law, there are smart, strategic ways to negotiate support without jeopardising your career trajectory.
Use Your Formal Right to Request Flexibility
Under Section 65 of the Act, employees with at least 12 months of continuous service can make a formal request for flexible work arrangements if they’re caring for a child of school age or younger.
This request can include:
- Changes to start and finish times
- Requests to work from home some or all the time
- Job sharing or compressed hours
The employer is required by law to provide a written response within 21 days and may only refuse the request on reasonable business grounds—that is for reasons that are justifiable and not arbitrary.
This legal mechanism isn’t just for junior staff. Senior employees can and should use it to frame flexibility as a structural entitlement, not a special favour.
Negotiate Flexibility into Your Executive Contract
Beyond the Act, employees can negotiate bespoke working conditions in their contracts or during performance review cycles.
Here’s what that might look like:
- Embedding fixed remote working days into your contract.
- Agreeing to performance-based expectations instead of rigid hours.
- Negotiating family leave beyond the minimum entitlements (e.g., additional carers’ days or flexible leave banks).
The key is to tie flexibility to outcomes. Demonstrate how your work will remain high-impact and on target, while also supporting your ability to sustain the role long-term. It also helps to bring evidence—whether from past performance, team outcomes, or examples from other organisations that support flexible employment.
Call us or email us for assistance in negotiating and reviewing your employment agreement.
What Happens When Employers Say No? The Aoyama Case
A recent case, Kent Aoyama v FLSA Holdings Pty Ltd [2025] FWC 524, highlights how these legal rights play out in practice.
Mr. Aoyama, a senior employee, had been working from home two days a week with his employer’s approval. After his family’s childcare circumstances changed, he requested a third day of remote work. His proposal included arrangements like working with a nanny present or using a co-working space with childcare facilities. He also acknowledged that while the number of hours worked would be the same, on the days he was with the child, he may need to change nappies and help with putting the child down for naps, etc.
His employer, FLSA Holdings, denied the request, raising several objections:
- Vague customer complaints about hearing babies in the background of calls.
- An alleged decline in performance, without supporting evidence.
- Mr Aoyama’s contract indicated he would usually work from the office.
- Implicitly, Mr. Aoyama’s contract obligations required him to “devote his whole time and attention” to work.
- Concerns about setting a precedent for other staff.
The Fair Work Commission disagreed with the employer. It found the complaints too vague, the performance criticism unsupported, and the contractual clauses misinterpreted. It also ruled that concerns about precedent were not valid business grounds for refusal. The Commission ordered that Mr. Aoyama be allowed to work an additional day from home until his child began formal childcare.
This case reinforces a key message: employers must present concrete, reasonable evidence if they wish to deny a flexible work request. General discomfort or hypothetical disruption is not enough.
Know Your Leverage
Retention of talent is a growing challenge for many Australian companies. If you’re good at what you do your employer has a vested interest in keeping you.
Flexibility isn’t a sign of weakness or disengagement. The best employers recognise that.
How we can help
Flexibility is not about asking for less. It’s about ensuring you can bring your best—at home and at work. If you have been refused workplace flexibility, we can help ensure compliance and optimise flexibility arrangements for your workforce. A well-structured workplace flexibility request is more likely to succeed. Understanding your employer’s concerns and offering a clear plan can help you negotiate a better arrangement.
Know your rights – Employers have the right to refuse requests but must provide valid reasons.
Plan your approach – A strong, well-documented request increases the chance of approval.
Seek expert legal help – If you’re unsure how to proceed, we can guide you through the process. Call us or email us. If your request has been rejected, we can help.
The information contained in this post is current at the date of editing – 03 April 2025.
