Employees should be finding it easier to request flexible work. 

Laws passed in last year’s Secure Jobs, Better Pay bill are set to make it easier to challenge a boss who refuses a request to work from home where possible.

Maddocks Lawyers employment partner Michael Nicolazzo has told reporters this week that employers must now “genuinely try” to make changes to accommodate flexible working requests received from employees.

“Historically, there has been a long-standing right for some employees to request flexible work arrangements,” Mr Nicolazzo says. 

"But, if an employer refused to agree, there were limited options for that employee to get that decision reviewed. 

“And, so, what the changes do is, they give the Fair Work Commission the ability to hear and arbitrate disputes about whether an employer's refusal was valid.

“And, if the commission forms a view that refusal was not valid, it was not based on reasonable grounds, [it] can order a change in flexible work arrangements.”

Business lobbies say the changes could lead to more disputes. 

“This is something that really is better constructed between employers and employees at the workplace level,” Australian Chamber of Commerce and Industry (ACCI) chief executive Andrew McKellar says. 

“I think the legislation has gone too far.

“I think that there are real issues with awards and award complexity, and that leads to a whole lot of risks.

“We've seen, in a number of instances, where very ethical businesses have encountered challenges with compliance.

“Really, the award simplification, making sure that there are a streamlined number of categories [such as] wage rates, should be addressed as a matter of priority.”