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Requirements for Flexible Work Arrangements

New requirements to flexible working arrangements rules

From 1 December 2018, modern awards include new rules about requests for flexible work arrangements. 

What are flexible working arrangements?

Examples of flexible working arrangements include changes to:

  • hours of work (eg. changes to start and finish times)
  • patterns of work (eg. split shifts or job sharing)
  • locations of work (eg. working from home).

Who can request flexible working arrangements?

Employees (other than a casual employee) who have worked with the same employer for at least 12 months can request flexible working arrangements if they:

  • are the parent, or have responsibility for the care, of a child who is school aged or younger
  • are a carer (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.

Casual employees can make a request if:

  • they’ve been working for the same employer regularly and systematically for at least 12 months
  • there’s a reasonable expectation of continuing work with the employer on a regular and systematic basis.

New Changes to Awards

Before responding to a request from an eligible employee, an employer must first discuss the request with the employee to try to reach an agreement about a change to their working arrangements. 

Requests can only be refused on reasonable business grounds. If employers refuse a request, they need to provide the employee with a written response. 

How do employees request flexible working arrangements?

Requests for flexible working arrangements have to:

  • be in writing
  • explain what changes are being asked for
  • explain the reasons for the requested change.

What should employers do with a request?

Employers covered by an award must first discuss the request with their employee to try to reach an agreement about changes to the employee’s working conditions, taking into consideration:

  • the needs of the employee
  • consequences for the employee if changes in working arrangements aren’t made 
  • any reasonable business grounds for refusing the employee’s request.

All employers who receive a request must provide a written response within 21 days which outlines whether the request is approved or refused. 

Employers can only refuse a request on reasonable business grounds. If a request is refused the written response must include the reasons for the refusal. 

Awards contain specific information on what needs to be included in the written response if the request is refused or if a different change in working arrangements is agreed.

What are reasonable business grounds?

Reasonable business grounds can include:

  • the requested arrangements are too costly
  • other employees’ working arrangements can’t be changed to accommodate the request
  • it’s impractical to change other employees’ working arrangements or hire new employees to accommodate the request
  • the request would result in a significant loss of productivity or have a significant negative impact on customer service.

Need a little more support with HR but not sure where to start? We also offer a free HR Health Check – where we review all your HR documents, processes, contracts to ensure they meet HR Best Practice and most importantly legally compliant. This can be completed online by uploading your documents or via email if you prefer. We then supply a report detailing your current HR compliance and suggested changes plus list any new documents you may require.   For HR support without the hassle visit www.myhronline.com.au or to speak directly to our HR consultant call 1300 123 081.

GAP Communications started with a 3-man operation and has now grown into a National Operation of over 300 staff. People Business has been associated with our company on a consulting basis since its inception. During the turmoil of the last six years their guidance has played a crucial and integral part in the successful growth of our company. Adam Clark and his team manage to combine a client first approach to business with a down to earth humanitarian approach to the issues at hand. I can't recommend Adam and his team strongly enough.
Andrew BateyManaging Director, GAP Communications
Ausmelt Limited has approximately 50 professional qualified staff comprising mainly metallurgists and engineers. As a small company, Ausmelt does not have a full time HR Manager, opting to use the consultancy services of Adam Clark and his team. Adam has successfully work hand-in-hand with Ausmelt management to help with staff recruitment, staff development plans, performance planning and assessment, short and long term staff incentive schemes, salary benchmarking, staff termination and redundancy, counselling and job search assistance. I have been more than happy with the level of professionalism, enthusiasm and expertise that Adam and his team has provided to our Company.
Paul AbbotManaging Director, Ausmelt Limited
Adam and his team have delivered an outsourced HR solution to our company for the past 10 years. Adam is a natural fit to our organization and I now consider him part of our senior management team. Once goals are determined he is able to deliver the required outcomes in a timely and professional manner. He provides excellent advice and is always reliable. Adam also handles our recruitment needs which has saved us thousands in agency fees. In summary I would say "Highly recommended".
Rob GreenCEO, CommTel Communications Pty Ltd
Creative Brands has two iconic Australian brands, “Australis” cosmetics and "Le Tan" sunscreens and tanners. As a relatively small company with a staff of 60 we were unable to justify the appointment of a full time HR Manager. As such the flexible and cost effective package offered by People Business represented an ideal fit for our organization. We were able to draw on a comprehensive suite of HR services which were delivered in a professional manner at all times. Taking into consideration both quality and cost I am happy to recommend Adam Clark and his team as a viable and pragmatic HR solution.
Stephen MasonManaging Director, Creative Brands Pty Ltd
Adam and his team have provided an outsourced HR solution to our organisation for 4 years, effectively becoming a part time member of the senior management team, fulfilling all HR requirements typically provided by a Senior HR Manager. Adam successfully recruited around 30 people to our company, a number of which comprised senior and middle management roles. I believe that his business represents a cost effective HR option ideally suited to small and/or growing companies and I have no hesitation in recommending Adam Clark and his team to similar organisations.
Hugh GleesonChief Executive Officer, United Energy and Multinet Gas
I've worked with Adam and his team for over 3 years, developing and implementing an organisational HR System for Stornoway's 50+ permanent staff. As a medium-sized enterprise, I needed cost-effective HR support and someone my staff would be comfortable with. I'm confident that, with their ongoing support, I can continue to meet my HR needs without an in-house specialist.
Tim GardnerGeneral Manager, Stornoway Contracting Pty Ltd
Adam and his team have been facilitating a number of training sessions for City of Port Phillip over the last few years. People Business have always been available to work with me to provide the most relevant, well organised training sessions to meet the diverse needs of our staff.
Leanne BickleyOrganisation Development & Training Consultant, City of Port Phillip
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