As of 7 June 2023, the Fair Work Commission will be able to deal with disputes relating to requests for flexible working arrangements. This means that if an employer refuses a request for flexible working arrangements and an employee is unhappy with this decision, the employee may file a dispute in the Fair Work Commission which may arbitrate an outcome or make an overriding decision to implement the requested changes in your business.
Requests for flexible working arrangements are part of the 11 minimum National Employment Standards in the Fair Work Act 2009.
If an employee has worked for the same employer for at least 12 months they can request flexible work arrangements that may include:
Employees with 12 months of service can make a request for flexible working arrangements if they:
Casual employees who have worked a regular and systematic pattern of work for at least 12 months and have a reasonable expectation of ongoing work may also request flexible working arrangements.
Any request for flexible work must be made in writing to the employer outlining what changes they are requesting and the reasons for the request.
Employers must consult with the employee regarding the requested change and genuinely try to reach an agreement. Employers must consider what the employee needs, what the outcome is for the employee should the changes not be implemented and how the changes will affect the business if implemented.
It is important to consider any alternatives throughout these discussions.
Employers must respond in writing within 21 days of receiving the request. The response must outline whether the request is accepted or rejected. If the request is rejected, this must be based on reasonable business grounds and these grounds must be outlined in the response as well as any alternatives considered.
Reasonable business grounds may include, the changes being too costly, the changes would result in a loss of productivity or affect the standard of customer service, it would be unreasonable to rearrange the working conditions of existing employees or to hire new employees to accommodate the change.
Call South Australian Business Chamber
Businesses need to understand their obligations regarding flexible working arrangements, contact the South Australian Business Chamber’s team of consultants who are experts in industrial relations who can assist you with drafting a response to a flexible working arrangement request, develop an up-to-date policy for your business and represent your business in the Fair Work Commission.
Our Workplace Advisors are also on standby to advise you. Contact the South Australian Business Chamber on 8300 0000 (select option 1) .
