Requesting formal flexible working arrangements. 5.73 The following provisions do not diminish an employee’s entitlement under the NES.
Requesting formal flexible working arrangements. 152. The following provisions do not diminish an employee’s entitlement under the NES. 153. An employee may make a request for a formal flexible working arrangement.
Requesting formal flexible working arrangements. The following provisions do not diminish an employee’s entitlement under the NES. An employee may make a request for a formal flexible working arrangement. The request must: be in writing; set out details of the change sought (including the type of arrangement sought and the proposed period the arrangement will operate for); and set out the reasons for the change, noting the reasons for the change may relate to the circumstances set out at section 65(1A) of the FW Act. The Commissioner must provide a written response to a request within 21 days of receiving the request. The response must: state that the Commissioner approves the request and provide the relevant detail in clause 5.78; or if following discussion between the Commission and the employee, the Commission and the employee agree to a change to the employee’s working arrangements that differs from that set out in the request – set out the agreed change; or state that the Commissioner refuses the request and include the following matters: details of the reasons for the refusal; and the Commission’s particular business grounds for refusing the request, explaining how those grounds apply to the request; and either: set out the changes (other than the requested change) in the employee’s working arrangements that would accommodate, to any extent, the employee’s circumstances outlined in the request and that the Commission would be willing to make; or state that there are no such changes; and state that a decision to refuse the request, or failure to provide a written response within 21 days is subject to the dispute resolution procedures of this Agreement, and if the employee is an eligible employee under the FW Act, the dispute resolution procedures outlined in sections 65B and 65C of the FW Act. Where the Commissioner approves the request this will form an arrangement between the Commission and the employee. Each arrangement must be in writing and set out: any security and work health and safety requirements; a review date (subject to clause 5.82); and the cost of establishment (if any). The Commissioner may refuse to approve the request only if: the Commission has discussed the request with the employee; and the Commission has genuinely tried to reach an agreement with the employee about making changes to the employee’s working arrangements to accommodate the employee’s circumstances (subject to any reasonable business grounds for refusal); and the Commission and the employee have not reached such an...
Requesting formal flexible working arrangements. (a) The following provisions do not diminish
Requesting formal flexible working arrangements. 27.4 This clause has been inserted and makes clear that the provisions for requesting flexible work arrangements do not diminish an employee's existing entitlement under the NES.
