Legal Update - Flexible Work Arrangements

The Fair Work Act 2009 has brought sweeping changes into the arena of workplace law. Most important are the ‘flexibility arrangements’ that the Act entitles employees to request from their employers.

Flexible Working Arrangements for Parents

An employee may request to have their hours amended, their roster altered, or their location of employment changed until their child reaches school age or if their child is under 18 and has a disability.
What is important to know is that an employer can only refuse such a request if they can evidence in writing that “reasonable business grounds” prevent the employer from agreeing to the request.

Flexible Working Arrangements for Operational Reasons

With regards to all other employees, in the past employers were free to negotiate with them with regards to work arrangements to suit the unique needs of the organisation.These could include time off in lieu of overtime, flexible working hours or other arrangements.
Employers are now required to enter into a written flexibility agreement which must be signed by both parties and must result in the employee being ‘better off’ under the agreement than without it.

What do I need to do?

With penalties for breach of up to $33,000, employers must ensure that they have the proper policies and procedures in place to deal with the new flexibility provisions of the Act.
Hemming+Hart can assist you by ensuring that you:
  • Have a ‘fail-safe’ policy in place to deal with requests for flexibility from eligible parents;
  • Can respond to the request in a way that ensures your compliance with the Act and does not open you up for; and
  • Are compliant with the requirements set out to enter into a flexible working arrangement with an employee.
Please feel free to contact us if you require any further information on the above, or any other Workplace Law matter.