The newly amended flexible working arrangement provisions under s.65A of the Fair Work Act 2009 will take effect on 6 June 2023. The Fair Work Commission (FWC) will be empowered to deal with disputes about requests for flexible working arrangements as it considers appropriate, including by arbitration. Where an agreement cannot be reached, the employer will need comprehensive reasons for why they cannot accommodate the request and that decision is capable of being scrutinised and overturned by the FWC’s arbitration powers.
