s65A: s 65A Respond to a flexible working request in writing within 21 days, refusing only on reasonable business grounds after genuine discussion
The employer gives a written response within 21 days that grants the request, sets out an agreed different change reached after discussion, or refuses it. The employer may refuse only if it has discussed the request with the employee, genuinely tried to reach agreement on changes to accommodate the circumstances, has not reached agreement, has had regard to the consequences of refusal for the employee, and the refusal is on reasonable business grounds (for example too costly, no capacity to change others' arrangements, impractical to change others' arrangements or recruit, significant loss of efficiency or productivity, or significant negative impact on customer service). A refusal states the reasons and the particular business grounds and how they apply, sets out other changes the employer would make or says there are none, and explains the dispute rights in ss 65B and 65C.
Our statement of the clause of Australia Fair Work Act 2009 (Cth), held and verified: cite it as s65A. The instrument verbatim is not quoted here; the held framework carries the reading.
The evidence this duty asks you to hold
Flexible work request register with request date, response date (within 21 days) and outcome; Records of discussion with the employee and alternatives considered; Written refusals containing the specific business grounds, how they apply, alternative changes offered and the ss 65B and 65C dispute information
What usually goes missing
Response given after 21 days or orally only; Refusal letters citing generic 'operational requirements' without explaining how they apply; No discussion before refusal
Where this lands in an audit
In Equal Pay Auditor this control informs the same-work screen, the category figures and the remediation steps, which carry their article citations on the result.