When is the deadline for employer written response to a flexible working arrangements request?
The catalogue records a 21 days period from the day the employee makes the request under s 65(1). This draft page remains free only until its source, worked example and limits are reviewed.
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Calculation basis and source
- Period
- 21 days
- Trigger
- the day the employee makes the request under s 65(1)
- Counting
- The encoded calculator method must be independently documented before publication.
- Rollovers and holidays
- Holiday, closure and order treatment must be independently documented before publication.
This route remains in preparation until a pinpoint official source is recorded.
- None. Failure to respond within 21 days is itself a gateway to the FWC: s 65B(1)(b)(ii) allows a dispute to be referred where 21 days have passed and no written response has been given, and s 65C(1)(a) allows the FWC to order that the employer be taken to have refused the request.
- Sections 65B and 65C contain no time limit for referring the resulting dispute to the FWC; the parties must first attempt to resolve it at the workplace level (s 65B(2)).