In a bid to promote a more flexible and accommodating work environment, the Fair Work Act Amendments related to flexible working arrangements have taken effect June 7, 2023. These amendments aim to provide eligible employees with the opportunity to modify their work conditions to better suit their personal circumstances and needs. Let’s dive into the details and understand what these changes mean for employers and employees alike.
What are Flexible Working Arrangements?
Flexible Working Arrangements refer to modifications in an employee’s working conditions that can include changes in hours of work, patterns of work, or even the location of work. For example, an employee may request to start later or finish earlier, work split shifts, job share, or even work from home.
Who is eligible to request a Flexible Working Arrangement?
An eligible employee is someone who has been employed for at least 12 months and requires flexibility due to various reasons, including:
- Being a parent or having responsibility for the care of a child who is of school age or younger.
- Acting as a carer according to the Carer Recognition Act 2010.
- Having a disability.
- Being 55 years or older.
- Experiencing violence from a family member.
- Providing care or support to a family or household member who is experiencing violence from their family.
Responding to a Flexible Working Arrangement Request
When an employee requests a Flexible Working Arrangement, it is crucial to assess their eligibility and determine if they meet the criteria outlined in the Fair Work Act. Regardless, it is recommended that employers engage in a discussion with the employee to understand their needs and explore potential solutions.
If the employee meets the eligibility requirements, the employer is obligated to provide a written response within 21 days of receiving the request. This response should clearly indicate whether the request is approved or denied.
In cases where an arrangement is reached, it is important to document record the details in a Flexible Working Agreement document.
If a request for a flexible working arrangement is refused, the employer must provide the eligible employee with the reasons for the refusal in the written response.
Can an employer refuse a request?
While it is best practice to consider all requests and assess the business’s capacity to accommodate them, employers must be particularly diligent when dealing with eligible employees under the Fair Work Act. Refusing a request from such employees can potentially escalate the matter to the Fair Work Commission for further review.
To make a decision, employers should evaluate the reasonable business grounds outlined by the Commission.
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