New Flexible Working Arrangements - CareforKids.com.au ®

New Flexible Working Arrangements
What you're entitled to ask for.

If you're working you may have received an email from your employer about the new Flexible Working Arrangements, but if not, this is where you stand in when it comes to asking for flexible hours or unpaid leave for parenting duties.

From 1st January 2010, the National Employment Standards (NES) replace the non-pay rate provisions of the Australian Fair Pay and Conditions Standard (the Standard).

Under the NES, eligible* employees have a right to request flexible working arrangements for employers to assist them to care for their child.

What's a flexible working arrangement?
From 1st January 2010, an employee who is a parent, or has responsibility for the care of a child, may request a change in their working arrangements.

Examples of changes in working arrangements may include:

changes in hours of work (e.g. reduction in hours worked, changes to start / finish times)
changes in patterns of work (e.g. working 'split-shifts' or job-sharing arrangements)
changes in location of work (e.g. working from home or another location)

Who's eligible?
An employee who is a parent, or has responsibility for the care of a child, may request a change in their working arrangements.

In order to be eligible to make this request an employee:

Must have care of a child who is either:

Under school age (i.e. The age at which the child is required by the applicable state or territory law to start attending school); OR
Under 18 and has a disability.

Must have completed at least 12 months continuous service with their employer immediately before making the request; or
Must be a casual employee that has been employed by the employer on a regular and systematic basis for a sequence of periods of employment of at least 12 months, immediately before making the request, and has a reasonable expectation of continuing employment by the employer on a regular and systematic basis.

How do you make a request?
The request must be made in writing and set out with details of the change sought and reasons for the change.

What does the employer need to do?
Employers must give employees a written response to the request within 21 days, stating whether they grant or refuse the request.

Employers may refuse the request only on reasonable business grounds. If the employer refuses the request, the written response must include the reasons for the refusal.

What are the employer's options?
The NES does not require an employer to agree to a request for flexible working arrangements, but refusal must be made on reasonable business grounds, as outlined below.
Employers and employees are encouraged to discuss their working arrangements and, where possible, reach an agreement that balances both their needs.

Factors that may be relevant in defining reasonable business grounds could include:

The effect on the workplace and the employer's business of approving the request, including the financial impact of doing so and the impact on efficiency, productivity and customer service
The inability to organise work among existing staff
The inability to recruit a replacement employee
The practicality or otherwise of the arrangements that may need to be put in place to accommodate the employee's request.

What happens if there's a dispute?
If the parties to the dispute have agreed in an employment contract, enterprise agreement or other written agreement to seek mediation in case of disagreement, the Fair Work Act 2009 empowers Fair Work Australia or some other person to deal with the dispute.
The Fair Work Act 2009 allows State and Territory laws to continue to apply to employees where they provide more beneficial entitlements than the NES in relation to flexible work arrangements.

More information on this and other family friendly workplace strategies can be found at:

Fair Work Ombudsman's Best Practice Guide – Work & family
Facts about Unlawful workplace discrimination