From 1 December 2018, all modern awards had a new clause inserted that sets out the process employers must follow when an employee makes a request for flexible working arrangements.
Eligible employees have had the right to request flexibility in their work arrangements since 2009, however recent changes mean that employers will now be more accountable for their decisions in responding to requests.
The new clause introduced into Awards on 1 December 2018, includes provision about how the request must be dealt with, including the requirement to discuss the request with the employee and genuinely try to reach agreement before responding.
The Changes
The new clause applies to a request by an employee for flexible working arrangements under section 65 of the Fair Work Act 2009 (“the Act”). The Act provides that an employer can only refuse a request on ‘reasonable business grounds’. The new requirements to deal with a request include:
1. The requirement to discuss the request with the employee and to genuinely try to reach agreement before the employer responds to the request having regard to:
- the needs of the employee arising from their circumstances;
- the consequences for the employee if changes in working arrangements are not made; and
- any reasonable business grounds for refusing the request.
2. Provision of detailed reasons for refusals in writing, including the business grounds relied on and any other change in working arrangements that it can offer.
Employee Requests
A reminder that employees need to be eligible, under the Act, to make a request for flexible working arrangements and it must:
- be made in writing;
- set out details of the change sought; and
- set out reasons for the change.
Employers have an obligation to respond in writing to the request within 21 business days.
Eligibility
An employee may request a change in their working arrangements from their employer if they require flexibility because they:
- are the parent, or have responsibility for the care, of a child who is of school age or younger
- are a carer (within the meaning of the Carer Recognition Act 2010)
- have a disability
- are 55 or older
- are experiencing violence from a member of their family, or
- provide care or support to a member of their immediate family or household, who requires care or support because they are experiencing violence from their family.
Should you require advice on how to respond to requests for flexible work arrangements please do not hesitate to contact us.