What is the purpose of this policy?

This policy is designed to meet minimum legislative requirements set out by the National Employment Standards in the Fair Work Act 2009 (Cth) (Fair Work Act) surrounding flexible working arrangements (Division 4 of Part 2-2 of the Fair Work Act).

The purpose of this policy is to provide employees with details as to what flexible working arrangements are available to them and which employees are eligible to request such arrangements. This policy also sets out a procedure for requesting flexible working arrangements, including how these requests will be responded to and the timeframe for providing a response.

Who can use this policy?

Any National System Employer can use this policy.

Who is covered by this policy?

Any employee can ask for flexible working arrangements, but certain employees have the legal entitlement to request flexible working arrangements and to have this request considered by their employer.

As this policy reflects minimum legislative requirements surrounding flexible working arrangements, it therefore applies to full-time and part-time employees who have been employed for at least 12 months and:

• 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 (Cth));
• are a person with disability;
• are 55 or older;
• are pregnant;
• are experiencing family and domestic violence, or
• provide care or support to an immediate family or household member who is experiencing family and domestic violence.

Casual employees are also covered by this policy if they:

• meet one of the criteria listed above;
• have been working for their employer regularly and systematically for at least 12 months; and
• have a reasonable expectation of continuing work with their employer on a regular and systematic basis.

Please note that the Policy relates to “flexible working arrangements” that employees can request and are covered in Division 4 of Part 2-2 of the Fair Work Act 2009 (Cth).

Importantly this Policy does not relate to the ability of an Employee to request and enter into an “individual flexibility arrangement” under a modern award or enterprise agreement (“IFA”). If an employee approaches the business about an IFA then that is a different process and results in different documentation (please click here to go to the information on IFAs).

Considerations for employers

As this policy has been drafted to meet minimum legislative requirements, care should be taken when making changes to the policy, particularly changes which restrict the entitlements of employees, as these changes may not be compliant with the Fair Work Act.

Some employees may request flexible working arrangements to deal with urgent caring responsibilities or the effects of family and domestic violence. While the Fair Work Act requires that employers respond to an employee’s request for flexible working arrangements within 21 days, employers should provide a response to urgent or sensitive employee requests within a shorter timeframe. This helps employees feel better supported by their employer during stressful times.

Employers may reject an employee’s request for flexible working arrangements on reasonable business grounds and only after following the procedure set out by the Fair Work Act, which has been reflected in this policy.

When an employer and employee agree to flexible working arrangements, these arrangements should be documented in writing. Flexible working arrangements which will be in place for an extended period (or permanently) should be periodically reviewed to ensure that they continue to meet the needs of the employee and the business.

Employers should be careful to delineate between the type of request and if the request relates to an IFA, then check whether the employee requesting flexible working arrangements is covered by a modern award, and if so, be sure to follow the applicable provisions of that award in dealing with the IFA request.

Does this policy require consultation with employees prior to adoption?

While this Grievance Policy encourages employees/workers to resolve grievances informally by discussing the issue with the persons involved, employees/workers are not required to do so if they feel uncomfortable. Instead, employees/workers should contact human resources, a senior manager or other designated person to raise the grievance.

Employees who are covered by a modern award or enterprise agreement may be required to follow the dispute resolution process set out by that award or agreement. Similarly, employees might need to follow legislative provisions under the Fair Work Act when addressing their grievance if it falls into a specific category, such as a request for flexible working arrangements.

Does this policy require consultation with employees prior to adoption?

In Australia, some workplace policies require consultation with employees before they can be implemented by a company. This requirement is set out in legislation, awards, and enterprise agreements.

This policy may not require consultation with employees before it is implemented, but a company should consult with their employees before implementing any new or amended workplace policy as a matter of best practice, even when they are not legally required to do so.

This is a general statement. Always refer to the modern award(s) or enterprise agreement relevant to the company’s employees to determine if the company needs to consult with its employees before implementing this policy.