Given the type of lives we now live in, it’s not surprising for flexible working arrangements to become part and parcel of working life. The National Employment Standards, which apply to all employees under the national workplace laws give an employee the right to request flexible working arrangements from their employer. Flexible working arrangements typically include flexible working hours, the pattern of work and the location of work.
Employees who are eligible to request a flexible working arrangement include those who:
- are the parent, or have responsibility for the care, of a child who is school aged or younger- (this includes those returning to work after taking a period of parental leave and requesting part-time work);
- are a carer (as defined under the Carer Recognition Act 2010);
- have a disability;
- are 55 or older;
- are experiencing family or domestic violence, or
- provide care or support to a member of their household or immediate family who requires care and support because of family or domestic violence.
For casual employees, flexible working arrangements can be requested if they’ve been working for the same employer on a regular and systematic basis for at least 12 months and that there’s a reasonable expectation of continuing work with the employer on that same basis.
Employers have the right to refuse a request for flexible working arrangements based on ‘reasonable business grounds’. Reasonable grounds could include circumstances where:
- there is an excessive cost to the business if the employer were to accommodate the request; or
- there is a lack of capacity to re-organise work arrangements; or
- there is a significant loss of efficiency and productivity to the business.
Best practice is for the employer and employee to discuss and negotiate then agree on an arrangement that meets both parties’ needs.