Who can make an application?

You can make an application to refer a flexible working arrangement dispute to the Commission if:

• you are an employee entitled to request flexible working arrangements under the Minimum Conditions of Employment Act 1993
• you are a full-time or part-time employee who has worked with the same employer for at least 12 months or you are a casual employee who has been working with the same employer regularly and systematically for at least 12 months and have a reasonable expectation of this continuing
• you requested flexible working arrangements because:
  • you are pregnant
  • you are the parent of, or have responsibility for the care of, a child who is school-age or younger (see section 6(1) of School Education Act 1999 for a definition of a child of compulsory school-age or younger)
  • you are a carer (as defined at section 5 of the Carers Recognition Act 2004)
  • you have a disability
  • you are aged 55 or older
  • you are experiencing family and domestic violence, or providing care or support to a member of your family or household who is experiencing family and domestic violence
• you made your request on or after 31 January 2025
• your employer has:
  • refused your request or
  • not responded to your request and it has been more than 21 days since you made the request
• you have tried to resolve the dispute with your employer
• you are seeking the Commission’s assistance to resolve the dispute. 

Employees in the public sector and employees employed by a local government authority can make an application to refer a flexible working arrangement dispute.

Employees in the private sector can only make an application if their employer is not a National System Employer as defined in the Fair Work Act 2009 (Cth). This generally means that you can make an application if your employer is unincorporated, or is not a trading corporation. For example, if your employer is a partnership, sole trader, or an association or organisation that does not substantially engage in trading or financial activities, you can make an application to refer a flexible working arrangement dispute.

It is important that, when you fill in your claim form, you be clear and precise when naming your employer. You should try to provide your employer’s correct legal name. For private sector, you should also provide the business name,  A.B.N. or A.C.N.

To help you identify your employer, check your: 

• written employment contract or agreement;
• letter of appointment;
• group certificate;
• pay slip;
• job advertisement; or
• award or industrial agreement.