Common use of Requesting formal flexible working arrangements Clause in Contracts

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 agreement; and the Commission has had regard to the consequences of the refusal for the employee; and the refusal is on reasonable business grounds. Reasonable business grounds include, but are not limited to: the new working arrangements requested would be too costly for the Commission; there is no capacity to change the working arrangements of other employees to accommodate the new working arrangements requested; it would be impractical to change the working arrangements of other employees, or to recruit new employees, to accommodate the new working arrangements requested; the new working arrangements requested would be likely to result in a significant loss in efficiency or productivity; the new working arrangements requested would be likely to have a significant negative impact on customer service; and it would not be possible to accommodate the working arrangements without significant changes to security requirements, or where work health and safety risks cannot be mitigated. For First Nations employees, the Commission must consider connection to country and cultural obligations in responding to requests for altering the location of work. Approved flexible working arrangements will be reviewed by the Commission and the employee after 12 months, or a shorter period, if agreed by the employee. This is to ensure the effectiveness of the arrangement. Varying, pausing or terminating flexible working arrangements An employee may request to vary an approved flexible working arrangement in accordance with clause 5.75. An employee may request to pause or terminate an approved flexible working arrangement. The Commissioner may vary, pause or terminate an approved flexible working arrangement on reasonable business grounds, subject to clause 5.86. The Commission must provide reasonable notice if varying, pausing or terminating a flexible working arrangement without the agreement of the employee, having regard to the circumstances of the employee. Exceptions to this requirement are urgent and critical operational circumstances or an employee’s demonstrated and repeated failure to comply with the agreed arrangements. Prior to the Commissioner varying, pausing or terminating the arrangement under clause 5.84, the Commission must have: discussed with the employee their intention to vary, pause or terminate the arrangement with the employee; 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 alteration); had regard to the consequences of the variation, pause or termination for the employee; ensured the variation, pause or termination is on reasonable business grounds; and

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 Secretary must provide a written response to a request within 21 days of receiving the request. The response must: state that the Commissioner Secretary approves the request and provide the relevant detail in clause 5.78subclause (6); or if following discussion between the Commission Department and the employee, the Commission Secretary 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 Secretary refuses the request and include the following matters: ; details of the reasons for the refusal; and set out the CommissionDepartment’s particular business grounds for refusing the request, explaining explain 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 Department 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 Agreementthe enterprise agreement, and if the employee is an eligible employee under the FW Act, the dispute resolution procedures outlined in sections section 65B and 65C of the FW Act. Where the Commissioner Secretary approves the request this will form an arrangement between the Commission Department 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 5.82subclause (10)); and the cost of establishment (if any). The Commissioner Secretary may refuse to approve the request only if: the Commission Department has discussed the request with the employee; and the Commission Department 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 Department and the employee have not reached such an agreement; and the Commission Department has had regard to the consequences of the refusal for the employee; and the refusal is on reasonable business grounds. Reasonable business grounds include, but are not limited to: the new working arrangements requested would be too costly for the CommissionDepartment; there is no capacity to change the working arrangements of other employees to accommodate the new working arrangements requested; it would be impractical to change the working arrangements of other employees, or to recruit new employees, to accommodate the new working arrangements requested; the new working arrangements requested would be likely to result in a significant loss in efficiency or productivity; the new working arrangements requested would be likely to have a significant negative impact on customer service; and it would not be possible to accommodate the working arrangements without significant changes to security requirements, or where work health and safety risks cannot be mitigated. For First Nations employees, the Commission Department must consider connection to country and cultural obligations obligation in responding to requests for altering the location of work. Approved flexible working arrangements will be reviewed by the Commission Department and the employee after 12 months, or a shorter period, period if agreed by the employee. This is to ensure the effectiveness of the arrangement. Varying, pausing or terminating flexible working arrangements An employee may request to vary an approved flexible working arrangement in accordance with clause 5.75. An employee may request to pause or terminate an approved flexible working arrangement. The Commissioner may vary, pause or terminate an approved flexible working arrangement on reasonable business grounds, subject to clause 5.86. The Commission must provide reasonable notice if varying, pausing or terminating a flexible working arrangement without the agreement of the employee, having regard to the circumstances of the employee. Exceptions to this requirement are urgent and critical operational circumstances or an employee’s demonstrated and repeated failure to comply with the agreed arrangements. Prior to the Commissioner varying, pausing or terminating the arrangement under clause 5.84, the Commission must have: discussed with the employee their intention to vary, pause or terminate the arrangement with the employee; 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 alteration); had regard to the consequences of the variation, pause or termination for the employee; ensured the variation, pause or termination is on reasonable business grounds; and.