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. An Employee, who is an Employee who has worked with the Employer for at least 12 months, and falls within one of the categories of Employees who can request flexible working arrangements, in accordance with the provisions of the FW Act, may submit a request to the Employer for a change in working arrangements, in accordance with these provisions, as amended from time to time.
REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS. 26.1 The Act entitles specified employees to request flexible working arrangements in specified circumstances.
26.2 The specified employees are:
(a) full time or part employees with at least 12 months continuous service; and
(b) long term casual employees with a reasonable expectation of continuing employment by the Employer on a regular and systematic basis.
26.3 The specified circumstances are if the employee:
(a) is the parent, or has responsibility for the care, of a child who is of school age or younger;
(b) is a carer within the meaning of the Carer Recognition Act 2010 caring for someone who has a disability, a medical condition (including a terminal or chronic illness), a mental illness or is frail or aged;
(c) has a disability;
(d) is 55 or older;
(e) is experiencing violence from a member of the employee’s family; or
(f) provides care or support to a member of the employee’s immediate family, who requires care or support because the member is experiencing violence or abuse from the member’s family.
26.4 To avoid doubt, and without limiting sub-clause 26.3, an employee who:
(a) is a parent or has responsibility for the care of a child; and
(b) is returning to work after taking leave in relation to the birth or adoption of the child, may request to work part-time to assist the employee to care for the child.
26.5 To ensure that employees are aware of this entitlement, the Employer will post an information statement on the relevant notice board or intranet (where available) and provide a copy to new employees.
26.6 Where a request for flexible work arrangements is made, an employee or Employer is entitled to meet with the other party to discuss:
(a) the request;
(b) an alternative to the request; or
(c) reasons for a refusal on reasonable business grounds (as defined at section 65 of the Act).
26.7 The Employer must give the employee a written response to the request within 21 days, stating whether the Employer grants or refuses the request. If the request is refused, the written response must include details of the reasons for the refusal. The Employer may refuse the request only on reasonable business grounds (as defined at section 65 of the Act).
26.8 The dispute settling procedure in the Agreement will apply to any dispute / grievance arising in relation to a request for flexible working arrangements.
26.9 Other entitlements relevant to family violence can be found at clause 78 (Family Violence Leave).
26.10 The relevant flexibility term includi...
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.
