Flexible work rights for lawyers
If you need to change when or where you work, section 65 gives eligible employees a formal way to ask. Here is who can use it, what your firm must do and where to go if you cannot reach agreement.
Start with your rights, then consider what would make the arrangement work in practice.
Am I eligible to request flexible working arrangements?
You need 12 months continuous service, plus one of the circumstances set out in section 65(1A).
Those circumstances are:
- You are pregnant
- You are a parent, or have responsibility for the care of a child who is school age or younger
- You are a carer within the meaning of the Carer Recognition Act 2010 (Cth)
- You have a disability
- You are 55 or older
- You are experiencing family and domestic violence
- You are providing care or support to a member of your immediate family or household who is experiencing family and domestic violence
Regular casual employees can also request, if they have been employed on a regular and systematic basis for at least 12 months and have a reasonable expectation of continuing employment.
The request must be in writing, set out the change you want, and explain the reason for it.
What must my firm actually do?
Your firm must respond in writing within 21 days of receiving your request.
- Before refusing, discuss the request, genuinely try to agree on alternatives and consider the consequences for you.
- If refusing, explain the reasonable business grounds and how they apply to your request.
- Set out any alternative changes it is willing to make, or state there are none, and include information about getting help from the Fair Work Commission.
What counts as reasonable business grounds?
The grounds must relate to the request and the firm’s circumstances. They can include cost, impractical staffing changes, significant loss of efficiency or productivity, or a significant effect on client service.
In your proposal, explain how court commitments, supervision and urgent matters could be covered. That gives the discussion something concrete to work through.
What if my firm refuses, or ignores the request?
You can take the dispute to the Fair Work Commission. That applies where the firm has refused the request, or has not given a written response within 21 days, and the dispute cannot be resolved at workplace level.
The Commission generally tries conciliation first and may arbitrate if the dispute remains unresolved. It may go directly to arbitration in exceptional circumstances. It can order that a request be granted only in certain circumstances.
A request cannot lawfully be the reason for adverse action against you. That is a separate protection, and it is the one lawyers most often forget applies to them too.
Does having the right mean you will get the outcome?
The right to request does not guarantee your preferred arrangement. It gives eligible employees a process for having the request considered and a way to raise an unresolved dispute.
It is also worth discussing how work will be allocated and how progression will be assessed. A written arrangement is more useful when the day-to-day expectations are clear.
You are entitled to ask. The question worth sitting with is whether the arrangement you would get is one you could build a career on at this firm, and what your options are if it is not.
General information for employees covered by the national workplace relations system. Check your employment arrangements and current entitlements before relying on it. Read the Fair Work Ombudsman guidance.
“If I need to go home and help with the kids, I can. It makes me more present at home, 100%.”
Phil Ridgway, Partner, Pearson Emerson Family Law
Explore your options for working flexibly
If you are considering your own practice, compare the ways lawyers make flexibility work before deciding on a workspace.
Jurisdiction and legal sources
This page provides general information, not legal advice. It does not consider your circumstances. Check the current law and obtain advice from a qualified professional before making decisions about your rights or practice.
The Fair Work Act request process applies to eligible national-system employees. Coverage depends on the employer and employment relationship, not simply the state where you work. Some public-sector employees and some Western Australian businesses operate under state systems. Awards, agreements and state laws may provide additional rights.
National employment rules
Discrimination protections can also apply, depending on the facts. These are relevant federal and NSW, Victorian and Queensland sources, not a complete list for every state or territory.
Discrimination legislation
Sources checked 11 September 2026. Laws, regulator requirements and commercial terms can change. The links above are selected sources for this page, not an exhaustive compliance checklist.