Disputes, examples & state/territory variations
If refused or no response in 21 days
- Resolve at workplace level: meet, exchange proposals, seek union assistance.
- If unresolved, apply to the Fair Work Commission to deal with the dispute.
Returning from parental leave — worked example
Example: return at 3 days/week for 3 months, review, then continue or adjust to 4 days/week for a further 3‑month trial.
Definition — carer
As per the Carer Recognition Act: a carer provides personal care, support and assistance to someone who needs it due to disability, medical condition, mental illness, or frailty. Exclusions apply (e.g., paid service contracts, voluntary work, course requirements). Being a relative or living with the person does not, of itself, make someone a carer.
State/territory snapshots
- Victoria: Additional rights via equal opportunity law — parents/carers can request flexibility; disability‑related reasonable adjustments may apply.
- New South Wales: Disability laws can require reasonable adjustments that may include flexible practices.
- Queensland (state IR system): Right to request flexible work; no service requirement or specific eligibility criteria in the Act. Qld Government staff have dedicated guidance.
- South Australia / ACT / Tasmania / Northern Territory: Check instrument and employer policy for processes; public sector guidance often applies.
- Western Australia (state IR system): Right to request flexible work; 12‑month service requirement; eligibility criteria align with the Fair Work Act.