REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS. 49.1 Employee may request change in working arrangements s.65 of the Act. Note 1: Section 65 of the Act provides for certain Employees to request a change in their working arrangements because of their circumstances, as set out in s.65(1A).
REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS. 43.1 Employees are entitled to request flexible employment arrangements in accordance with the provisions of the NES (refer to Chapter 2, Part 2-2, Division 4 of the Act).
43.2 In the following are the circumstances:
(a) the employee is the parent, or has responsibility for the care, of a child who is of school age or younger;
(b) the employee is a carer (within the meaning of the Carer Recognition Act 2010);
(c) the employee has a disability;
(d) the employee is 55 or older;
(e) the employee is experiencing violence from a member of the employee’s family;
(f) the employee provides care or support to a member of the employee’s immediate family, or a member of the employee’s household, who requires care or support because the member is experiencing violence from the member’s family.
43.3 The employee is not entitled to make the request unless:
(a) for an employee other than a casual employee—the employee has completed at least 12 months of continuous service with the employer immediately before making the request; or
(b) for a casual employee—the employee:
(i) is a long term casual employee of the employer immediately before making the request; and
(ii) has a reasonable expectation of continuing employment by the employer on a regular and systematic basis.
43.4 The request must:
(a) be in writing; and
(b) set out details of the change sought and of the reasons for the change.
43.5 The employer must give the employee a written response to the request within 21 days, stating whether the employer grants or refuses the request.
REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS. An Employee may request a change in working arrangements. This Clause applies where an Employee has made a request for a change in working arrangements under section 65 of the Act.
REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS. The laws about requests for flexible working arrangements changed on 1 July 2013. The NES give employees the right to request a change to working arrangements in the following circumstances: If the employee is a parent, or has the responsibility for the care, of a child who is of school age or younger: The employee is a carer (within the meaning of the Carer Recognition Act 2012); The employee has a disability; The employee is 55 or older; The employee is experiencing violence from a member of the employee’s family; The employee provides care or support to a member of the employee’s immediate family, or a member of the employee’s household, who requires care or support because the member is experiencing violence from the member’s family. In addition, parents or those who have responsibility for the care of a child and who are returning from a period of parental leave or adoption leave may request to work part-time to assist the employee to care for the child. Casual employees who work on a regular and systematic basis with a reasonable expectation of continuing work can also make a request for flexible working arrangements. The request must be in writing and provide details of the change sought and reasons for the change. Employers must respond to the request in writing within 21 days and give reasons if the request is refused. A request may only be refused on reasonable business grounds which should be specified in the written response. Fair Work Act provides the following list of matters which may amount to reasonable business grounds but there may be others: That the new working arrangements would be too costly for the employer; That there is no capacity to change the working arrangements of other employees to accommodate the new working arrangements requested by the employee; That it would be impractical to change the working arrangements of other employees or recruit new employees to accommodate the new working arrangements requested by the employee; That the new working arrangements requested by the employee would be likely to result in a significant loss in efficiency or productivity; That the new working arrangements requested by the employee would be likely to have a significant negative impact on customer service;
REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS. 30.1 A Teacher can request flexible working arrangements in accordance with section 65 of the Act.
REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS. Employee may request change in working arrangements
REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS. Employees are entitled to request flexible working arrangements in accordance with the NES.
REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS. 19.1 Employees are entitled to request flexible employment arrangements in accordance with the provisions of the NES (refer to Chapter 2, Part 2-2, Division 4 of the Act) in the following circumstances:
(a) the employee is the parent, or has responsibility for the care, of a child who is of school age or younger;
(b) the employee is a carer (within the meaning of the Carer Recognition Act 2010);
(c) the employee has a disability;
(d) the employee is 55 or older;
(e) the employee is experiencing violence from a member of the employee’s family;
(f) the employee provides care or support to a member of the employee’s immediate family, or a member of the employee’s household, who requires care or support because the member is experiencing violence from the member’s family.
19.2 The employee is not entitled to make the request unless:
(a) for an employee other than a casual employee—the employee has completed at least 12 months of continuous service with the employer immediately before making the request; or
(b) for a casual employee—the employee:
(i) is, immediately before making the request, a regular casual employee of the employer who has been employed on that basis for a sequence of periods of employment during a period of at least 12 months; and
(ii) has a reasonable expectation of continuing employment by the employer on a regular and systematic basis.
19.3 The request must:
(a) be in writing; and
(b) set out details of the change sought and the reasons for the change.
19.4 The employer will discuss the request with the employee to try and reach an agreement about changes to the employee's working conditions, taking into consideration: • the needs of the employee; • consequences for the employee if changes in working arrangements aren’t made; and/or • any reasonable business grounds for refusing the employee's request.
19.5 The employer must give the employee a written response to the request within 21 days, stating whether the employer grants or refuses the request and if the request is refused, the reasons for the refusal.
19.6 The employer can only refuse a request on reasonable business grounds. If a request is refused the written response must include the reasons for the refusal. Reasonable business grounds include: • the requested arrangements are too costly; • other employees' working arrangements can't be changed to accommodate the request; • its impractical to change other employees' working arrangements; • the request would result in a significa...
REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS. 84.1 An Employee who is a parent, or has responsibility for the care, of a child may ask the Employer for a change in working arrangements for the purpose of assisting the Employee to care for the child if:
84.1.1 the child is under school age; or
84.1.2 the child is under the age of 18 and has a disability.
84.2 A request made under clause 84.1 may include, but is not limited to, changes in hours of work, changes in patterns of work or changes in the location of work.
84.3 An Employee is not entitled to make a request under clause 84.1 unless:
84.3.1 for an Employee, other than a casual Employee, they have completed at least 12 months continuous service with the Employer immediately before making the request; or
84.3.2 for a casual Employee, they have:
a. been engaged by the Employer on a regular and systematic basis for a sequence of periods of employment during a period of at least 12 months immediately before making the request; and
b. have a reasonable expectation of continuing engagement by the Employer on a regular and systematic basis.
84.4 A request made under clause 84.1 must be in writing and set out:
84.4.1 details of the change in working arrangements sought by the Employee; and
84.4.2 the reasons for the change.
84.5 The Employer must respond to a request made under clause 84.1 within 21 days, stating whether or not the request is granted.
84.6 The Employer may refuse a request made under clause 84.1 on reasonable business grounds.
84.7 If the Employer refuses a request made by an Employee under clause 84.1, the written response provided under clause 84.5 must include the reasons for such a refusal.
REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS. 41.1 Employees are entitled to request flexible employment arrangements in accordance with the provisions of the NES (refer to Chapter 2, Part 2-2, Division 4 of the Act).
41.2 An employee who is a parent, or has responsibility for the care, of a child may request the employer for a change in working arrangements, including changes in hours of work, changes in patterns of work and changes in location of work, to assist the employee to care for the child if the child:
(a) is under school age; or
(b) is under 18 and has a disability.
41.3 The employee is not entitled to make the request unless:
(a) for an employee other than a casual employee—the employee has completed at least 12 months of continuous service with the employer immediately before making the request; or
(b) for a casual employee—the employee:
(i) is a long term casual employee of the employer immediately before making the request; and
(ii) has a reasonable expectation of continuing employment by the employer on a regular and systematic basis.
41.4 The request must:
(a) be in writing; and
(b) set out details of the change sought and of the reasons for the change.
41.5 The employer must give the employee a written response to the request within 21 days, stating whether the employer grants or refuses the request.
