Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 66H

  (1)   The employer must not refuse the request unless:

  (a)   the employer has consulted the employee; and

  (b)   there are reasonable grounds to refuse the request; and

  (c)   the reasonable grounds are based on facts that are known, or reasonably foreseeable, at the time of refusing the request.

  (2)   Without limiting paragraph   (1)(b), reasonable grounds for refusing the request include the following:

  (a)   it would require a significant adjustment to the employee's hours of work in order for the employee to be employed as a full - time employee or part - time employee;

  (b)   the employee's position will cease to exist in the period of 12 months after giving the request;

  (c)   the hours of work which the employee is required to perform will be significantly reduced in the period of 12 months after giving the request;

  (d)   there will be a significant change in either or both of the following in the period of 12 months after giving the request:

  (i)   the days on which the employee's hours of work are required to be performed;

  (ii)   the times at which the employee's hours of work are required to be performed;

    which cannot be accommodated within the days or times the employee is available to work during that period;

  (e)   granting the request would not comply with a recruitment or selection process required by or under a law of the Commonwealth or a State or a Territory.

  (3)   If the employer refuses the request, the written response under section   66G must include details of the reasons for the refusal.