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From 1 January 2010, the National Employment Standards (NES) replaced the non-pay rate provisions of the Australian Fair Pay and Conditions Standard (the Standard). Under the NES, eligible employees have a right to request flexible working arrangements to assist them to care for their child.
What's a flexible working arrangement? From 1 January 2010, an employee who is a parent or who has responsibility for the care of a child, may request a change in their working arrangements to assist the employee to care for the child. Examples of changes in working arrangements may include:
How to make a request
The request for flexible working arrangements must:
What does the employer need to do?
As an employer, you must give employees a written response to the request within 21 days, stating whether you grant or refuse the request. You may refuse the request only on reasonable business grounds. If you refuse the request, the written response must include the reasons for the refusal.
What are the employer’s options?
The NES doesn’t require an employer to agree to a request for flexible working arrangements, but refusal must be made on reasonable business grounds, as outlined below. Employers and employees are encouraged to discuss their working arrangements and, where possible, reach an agreement that balances both their needs.Factors that may be relevant in defining reasonable business grounds could include:
What happens if there’s a dispute?
If the parties to the dispute have agreed in an employment contract, enterprise agreement or other written agreement to seek mediation in case of disagreement, the Fair Work Act 2009 empowers Fair Work Australia or some other person to deal with the dispute.
Source: www.fairwork.gov.au
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Flexible Working Arrangements - The Process!posted Nov 1, 2010 6:54 PM by Lisa Russell [ updated Nov 2, 2010 4:06 PM ] |