When Flexibility Isn’t Shared: Confronting Inequity at Work

You notice it quietly at first.

Parents leave early for school pickup.

They work compressed weeks.

They dial in from home when life happens.

Meanwhile, you’re told flexibility “isn’t possible” for you.

It doesn’t feel fair and under Australian workplace law, it may not be.

Flexibility Isn’t a Reward for Parenthood

Under Fair Work Australia, flexible work arrangements are not intended to create a two-tier workforce.

While certain employees have a formal right to request flexibility (such as parents of young children, carers, people with disability, workers aged 55+, and those experiencing family violence), employers still have a legal obligation to avoid discrimination and ensure equitable treatment.

Translation:

Flexibility should be role-based and operational, not identity-based.

What the Law Actually Says

Under the Fair Work Act 2009:

• Employers must genuinely consider all flexible work requests.

• Requests can only be refused on reasonable business grounds.

• Decisions must not be discriminatory, even indirectly.

If parents are granted flexibility for a role that you perform in the same way, denying you similar flexibility without a legitimate operational reason may expose the employer to indirect discrimination claims.

Flexibility isn’t about who you are.

It’s about how the work can be done.

Equity vs Equality (Why This Matters)

Fair Work recognises that some employees need accommodations — but that does not justify blanket denial to others.

An equitable workplace:

• Assesses flexibility case-by-case

• Applies decisions consistently

• Documents objective business reasons

An inequitable workplace:

• Says “yes” to parents

• Says “no” to everyone else

• Can’t clearly explain why

That’s not flexibility. That’s favouritism.

How to Raise the Issue Without Burning Bridges

1. Anchor the conversation to the role, not resentment

Avoid comparisons between people. Compare functions.

“I’ve noticed this role can be performed flexibly without impacting output. I’d like to explore similar options.”

2. Reference precedent, calmly

You’re allowed to acknowledge existing arrangements.

“Flexible arrangements already exist within the team, so I’m hoping we can discuss how that could apply to my role as well.”

3. Ask for business reasons, in writing if needed

If your request is refused, Fair Work requires employers to explain why.

“Could you clarify the specific business grounds for declining this request?”

This creates accountability without confrontation.

If You’re Shut Down

A flat “no” with vague explanations like culture, fairness, or visibility is not enough.

You can:

• Request a formal response

• Escalate to HR (with caution)

• Seek advice from Fair Work Ombudsman

• Document patterns of inconsistency

Sometimes inequity persists not because it’s legal, but because no one challenges it.

Flexibility shouldn’t depend on your parental status, personal life, or how loudly you ask.

If flexibility exists in your workplace, it must be justifiable, consistent, and lawful.

And asking for equity?

That’s not entitlement, it’s informed self-advocacy.