Flexible Working Arrangements -Flexibility isn’t just for Yoga
On 6 June 2023, Modern Awards will be changed to include new rules about flexible work arrangements.
Flexible working arrangements can include:
Hours of Work;
Patterns of Work; or
Location of Work.
This means that employees (excluding casuals) who have worked for the same employer for a minimum of 12 months can request flexible work arrangements if they:
Are a parent, or are responsible for the care, of a child who is school aged or younger;
Are a carer (under the Carer Recognition Act 2010);
Have a disability; or
Are 55 or older.
From 6 June 2023, the right to request flexible working arrangements, according to the Fair Work Ombudsman, will also apply to:
Employees, or a member of their immediate family or household, experiencing family or domestic violence; and
Employees who are pregnant.
To apply for a flexible work arrangement, employees need to request a change to their current working arrangements to their employer in writing. In this written request the employee needs to outline the changes they are requesting and the reasons for making the request for change.
After receiving a written request for flexible work arrangements, employers covered by an Award must discuss the request with their employee to try to reach an agreement about changes to the employee’s working conditions. With the changes to Awards employers will now have new obligations to fulfill before they can refuse a request for flexible working arrangements. These obligations include:
Discussing the request with the employee;
Making a genuine effort to find alternative arrangements to accommodate the employee’s circumstances;
Considering the consequences of refusal for the employee; and
Providing a written response that includes:
An explanation of the reasonable business grounds for refusing the request and how these grounds apply to the request;
Other changes the employer is willing to make that would accommodate the employee’s circumstances or that says there aren’t any changes; and
Information about referring a dispute to the Fair Work Commission.
If an employer and employee have discussed the request and have agreed to implement working arrangements that are different to what the employee has requested, the employer needs to confirm these agreed arrangements in writing within 21 days of the request being made.
The Fair Work Commission will be able to hear and make orders about disputes regarding flexible working arrangement requests if the employer and employee cannot resolve the dispute. This includes but is not limited to:
Refused flexible working arrangement requests; and
When no response is made by the employer within 21 days after a request has been filed.
It should be noted that casual employees can make a request for flexible work conditions if the employee has been working with the same employer on a regular and systematic basis and that there is a reasonable expectation of work continuing.
If you have further questions about flexible work arrangements, have questions about reasonably declining a flexible work arrangement application or if you would just like further information – we can help.
