Significant changes to employment conditions and workplace rights will take effect over the coming months, with workers set to soon have more power to negotiate flexible working arrangements.
These changes are the result of the Secure Jobs Better Pay Act, which is the largest workplace relations reform since the Fair Work Act commenced.
From 6 June 2023, employers will have increased obligations to try to accommodate employees’ requests for flexible working arrangements.
Flexible working arrangements can include changes to hours of work, such as changes to start and finish times; patterns of work, such as spilt shifts of job sharing; as well as location of work, such as working from home.
Who is entitled to flexible working arrangements?
Employees (other than casual employees) who have worked with the same employer for at least 12 months can request flexible working arrangements if they:
- are the parent, or have responsibility for the care, of a child who is school aged or younger
- are a carer (under the Carer Recognition Act 2010);
- have a disability
- are 55 or older
- are experiencing violence from a member of the employee’s family, or
- provide care or support to a member of their household or immediate family who requires care or support because that person is experiencing violence from their family.
If an employee is the parent of a child or has responsibility for the care of a child and is returning to work after taking parental or adoption leave, the employee may request to return to work on a part-time basis to help them care for the child.
Casual employees are also entitled to make a request if they have been employed by the employer on a regular basis for a sequence of periods of employment of at least 12 months before making the request, or if there is a reasonable expectation of continuing employment by the employer on a regular and systematic basis.
Requests for flexible working arrangements
Requests for flexible working arrangements by employees must be made in writing and set out details of the change sought and reasons for the change.
According to Melissa Behrend, director of HR on Call, the new legislation is intended to strengthen employer obligations when considering requests for flexible work arrangements.
“The obligations of an employer are outlined when considering an employee’s request, aimed at supporting or improving access to flexible working arrangements,” explains Behrend.
“When there is a dispute the Fair Work Commission can make orders if the employer refuses the request or has not responded within the 21-day time frame. Through offering flexibility it can improve attraction and retention of employees and have an impact on organisational culture.”
Employers responding to an employee’s request for a flexible working arrangement
Under the new legislation employers will have new obligations before they can refuse a request from an employee for a flexible working arrangement.
All employers who receive a request need to provide a written response within 21 days, stating whether or not they accept or refuse the request.
The National Employment Standards does not require the employer to choose between granting an employee’s request in full or refusing the request. Rather, employers and employees are encouraged to discuss their working arrangements and, where possible, reach an agreement that balances both their needs.
If the employer refuses the request, the written response must include the reasons for the refusal. Employers can only refuse a request on ‘reasonable business grounds’.
What can employers do to boost flexibility in the workplace?
According to Behrend, employers can develop workplace flexibility policies to support the legislation and outline clear processes for employees to follow.
“There are many ways to support flexibility in the workplace, such as changing start and finish times, compressing work time, job sharing, working from home, or ability to purchase leave,” explains Behrend.
What are some tips for creating a flexible working policy?
“Remember this is a change process, so analyse what your organisation wants and needs,” says Behrend.
She advises employers discuss with employees what they would like to see.
“Design a policy and process which best supports your goal. Throughout this process it is also good to provide information and education on who and how employees can request flexibility in the workplace.
“Provide information to your managers on how to respond to requests. The best way to work through a request is to meet and work with the employee to get the best result. And, finally, don’t forget the human element of the people who are requesting the flexibility.”
For more information visit www.fairwork.gov.au or call the Fair Work Infoline – 13 13 94
Comment below to have your say on this story.
If you have a news story or tip-off, get in touch at info@incleanmag.com.au
Sign up to INCLEAN’s newsletter.
