What do changes to flexible working arrangements mean for your business?

The Fair Work Commission has made a decision to introduce a new clause to all modern awards regarding flexible working arrangements. Please take the time to ensure your business is compliant.

 

Flexible working arrangements.

The new clause will state that employers are obliged to discuss flexible working arrangements with employees who submit requests. Employers are required to genuinely try to reach an agreement to accommodate an employee’s request for flexible working arrangements or to consider alternative options to assist employees with their work arrangements.

What are your responsibilities as an employer?

Employers will need to provide justification in writing upon request, for their decisions in denying flexible working arrangements. The new clause in the modern awards will enable employees to legally challenge a decision if their employer fails to provide a detailed explanation of any refusal and are unable to demonstrate a proper consideration of their employee’s requests.

In the case where an agreement is not reached between and employer and an employee, the employers may need to demonstrate alternatives in working arrangements to showcase that alternative support might assist an employee’s circumstances.

When can employees make a request for a flexible workplace arrangement? 

The threshold eligibility of 12 months of service remains unchanged for employees to submit a flexible workplace arrangement request.

Who can make a request for a flexible workplace arrangement? 

• Employees with parental or caring responsibilities can request for part-time work hours or work from home
• Employees who have a disability or are aged over 55
• Employees experiencing domestic violence

If you need clarification on any of these changes, please contact the PRA Accounting team. Tel: 5221 7655