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My employee has asked for a flexible working arrangement, do I have to agree to their request?
Requests for flexible working arrangements form part of the National Employment Standards (NES). The NES apply to all employees covered by the national workplace relations system, regardless of any award, agreement or contract.
From 6 June 2023, more employees can request flexible working arrangements.
Employees, or a member of their immediate family or household, experiencing family and domestic violence
Employees who are pregnant.
Employers will have new obligations before they can refuse a request from an employee for a flexible working arrangement.
Employers will have to:
Discuss the request with the employee
Make a genuine effort to find alternative arrangements to accommodate the employee’s circumstances
Consider the consequences of refusal for the employee
Provide a written response that includes:
An explanation of the reasonable business grounds for refusing the request and how these grounds apply to the request
Other changes the employer is willing to make that would accommodate the employee’s circumstances or that says there aren’t any changes
Information about referring a dispute to the Fair Work Commission (the Commission).
If an employer and the employee have discussed the request and agreed to make changes to the employee’s working arrangements that are different to what the employee requested, the employer needs to confirm these agreed changes in writing within 21 days of the request.
The Commission will be able to hear and make orders about disputes about flexible working arrangement requests if the parties can’t resolve the dispute at the workplace level. For example, if an employer:
Refuses an employee’s request, or
Doesn’t respond to a request within 21 days.
It’s important to ensure that your workplace policy suite includes a Flexible Working Arrangement Policy, so employees are aware of their rights and the process should they require one. If you’re not sure how to do this, please contact Donna@harmonisehr.com.auor head to our website – harmonisehr.com.au.
Donna is qualified in Human Resources Management, Business Management, and Practice Management having worked in mental health and the animal care industry. Having worked in the animal care industry for 15 years in Management and HR Donna understands the complexities within this unique industry and is passionate in supporting veterinary clinics across Australia with all HR related matters.
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