Legislation change in flexible working arrangements
This article was authored by APSCo Assists Advice Line Provider, Employsure.
Updated provisions on flexible working arrangements
The Fair Work Commission has announced important changes to Australia’s flexible work laws are now in effect. This new provision affects all Modern Awards as of 1st of December 2018.
Changes to flexible arrangement
Employers now have additional obligations when addressing requests for flexible working arrangements.
If an eligible employee makes a request, employers will need to hold discussions with them to genuinely reach an agreement to accommodate the need for flexible working arrangements.
If the request cannot be accommodated, employers will need to establish whether alternate arrangements can be offered to address the needs of the employee before rejecting a request.
How this affects you
The new provision, effective 1st of December 2018, requires employers to be more thorough with their assessments of flexible working arrangement requests.
Businesses should implement a systematic and methodical approach for processing such requests. Employers will also need to establish whether alternate arrangements can be offered to address the needs of the employee before rejecting it. It is important to remember that rejecting a request will need to be based on reasonable business grounds.
Any alternate arrangements or rejections for such requests will need to be detailed in a written response to the employee, in accordance with the applicable Modern Award.
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