Right to Request Flexible Working Arrangements. 9.1 In accordance with and pursuant to section 65 of the FW Act, an Employee may request a change in their working arrangements on the basis of 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. 9.2 To avoid doubt, and without limiting clause 9.1, 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; 9.3 An Employee is not entitled to make a request under this clause 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. 9.4 A request made under this clause must be made in writing and set out details of the change sought and the reasons for the change. 9.5 On receipt of a request by an Employee under this clause, the Employer must give the Employee a written response within 21 days, stating whether the Employer grants or refuses the request. 9.6 The Employer may only refuse the request on reasonable business grounds. 9.7 Without limiting what are reasonable business grounds for the purposes of clause 9.6, reasonable business grounds include the following: (a) that the new working arrangements requested by the Employee would be too costly for the Employer; (b) that there is no capacity to change the working arrangements of other Employees, or recruit new Employees, to accommodate the new working arrangements requested by the Employer; (c) 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; (d) that the new working arrangements requested by the Employee would be likely to result in a significant loss in efficiency or productivity; (e) that the new working arrangements requested by the employee would be likely to have a significant negative impact on customer service. 9.8 If the Employer refuses the request, the written response under clause 9.5 must include details of the reasons for the refusal.
Appears in 6 contracts
Samples: Victorian Public Service Enterprise Agreement 2016, Victorian Public Service Enterprise Agreement 2016, Victorian Public Service Enterprise Agreement 2016
Right to Request Flexible Working Arrangements. 9.1 In accordance with and pursuant to section 65 10.1 If any of the FW Actcircumstances referred to in subclause 10.2 below apply to an Employee, an and the Employee would like to change his or her working arrangements because of those circumstances, then the Employee may request the Employer for a change in their working arrangements on relating to those circumstances
10.2 The following are the basis of the following circumstances:
(a) the employee The Employee is the parent, or has responsibility for the care, of a child who is of school age or younger;
(b) the employee Employee is a carer (within the meaning of the Carer Recognition Act 2010);
(c) the employee Employee has a disability;
(d) the employee Employee is 55 or older;
(e) the employee Employee is experiencing violence from a member of the employee’s Employee's family;
(f) the employee Employee provides care or support to a member of the employee’s Employee's immediate family, or a member of the employeeEmployee’s household, who requires care or support because the member is experiencing violence from the member’s 's family.
9.2 . To avoid doubt, and without limiting clause 9.1the above provisions, an Employee who:
(a) who is a parent, or has responsibility for the care, care of a child; and
(b) , and 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.
9.3 An 10.3 The Employee is not entitled to make a the request under this clause 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 a request; and
(ii) has a reasonable expectation of continuing employment by with the Employer on a regular and systematic basis.
9.4 A (c) the request made under this clause must must:
(i) be made in writing and writing; and
(ii) set out details of the change sought and of the reasons for the change.
9.5 On receipt of a request by an Employee under this clause, the 10.4 The Employer must give the Employee a written response to the request within 21 days, stating whether the Employer grants or refuses the request.
9.6 . If the Employer refuses the request, the written response must include details of the reasons for the refusal. The Employer may only refuse the request only on reasonable business grounds.
9.7 Without limiting what are reasonable . Reasonable business grounds for the purposes of clause 9.6include, reasonable business grounds include but are not limited to, the following:
(a) that the new working arrangements requested by the Employee would be too costly for the Employer;
(b) that there is no capacity to change the working arrangements of other Employees, or recruit new Employees, Employees to accommodate the new working arrangements requested by the EmployerEmployee;
(c) 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;
(d) that the new working arrangements requested by the Employee would be likely to result in a significant loss in efficiency or productivity;
(e) that the new working arrangements requested by the employee Employee would be likely to have a significant negative impact on customer service.
9.8 If student learning or the Employer refuses the request, the written response under clause 9.5 must include details operation of the reasons for the refusalschool.
Appears in 2 contracts
Samples: Employment Agreement, Employment Agreement
Right to Request Flexible Working Arrangements. 9.1 In accordance with and pursuant to section 65 11.1 If any of the FW Actcircumstances referred to in subclause 11.2 below apply to a Principal and the Principal would like to change his or her working arrangements because of those circumstances, an Employee then the Principal may request the Employer for a change in their working arrangements on relating to those circumstances
11.2 The following are the basis of the following circumstances:
(a) the employee The Principal is the parent, or has responsibility for the care, of a child who is of school age or younger;
(b) the employee Principal is a carer (within the meaning of the Carer Recognition Act 2010);
(c) the employee Principal has a disability;
(d) the employee Principal is 55 or older;
(e) the employee Principal is experiencing violence from a member of the employee’s Principal's family;
(f) the employee Principal provides care or support to a member of the employee’s Principal's immediate family, or a member of the employeePrincipal’s household, who requires care or support because the member is experiencing violence from the member’s 's family.
9.2 . To avoid doubt, and without limiting clause 9.1the above provisions, an Employee who:
(a) a Principal who is a parent, or has responsibility for the care, care of a child; and
(b) , and 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 Principal to care for the child.
9.3 An Employee 11.3 The Principal is not entitled to make a the request under this clause unless:
(a) for an Employee a Principal other than a casual Employee Principal – the Employee Principal has completed at least 12 months of continuous service with the Employer immediately before making the request; or
(b) for a casual Employee Principal – the EmployeePrincipal:
(i) is a long term casual Employee Principal of the Employer immediately before making the a request; and
(ii) has a reasonable expectation of continuing employment by with the Employer on a regular and systematic basis.
9.4 A (c) the request made under this clause must must:
(i) be made in writing and writing; and
(ii) set out details of the change sought and of the reasons for the change.
9.5 On receipt of 11.4 Before responding to a request by an Employee made under this clause, the Employer must discuss the request with the Principal and genuinely try to reach agreement on a change in working arrangements, or the working arrangements upon the Principal’s return from parental leave, that will reasonably accommodate the Principal’s circumstances having regard to:
(a) the needs of the Principal arising from their circumstances
(b) the consequences for the Principal if changes in working arrangements are not made; and
(c) any reasonable business grounds for refusing the request.
11.5 The Employer must give the Employee Principal a written response to the request within 21 days, stating whether the Employer grants or refuses the request.
9.6 . If the Employer refuses the request, the written response must include details of the reasons for the refusal. The Employer may only refuse the request only on reasonable business grounds.
9.7 Without limiting what are reasonable . Reasonable business grounds for the purposes of clause 9.6include, reasonable business grounds include but are not limited to, the following:
(a) that the new working arrangements requested by the Employee Principal would be too costly for the Employer;
(b) that there is no capacity to change the working arrangements of other Employees, or recruit new Employees, Principals to accommodate the new working arrangements requested by the EmployerPrincipal;
(c) that it would be impractical to change the working arrangements of other EmployeesPrincipals, or recruit new EmployeesPrincipals, to accommodate the new working arrangements requested by the EmployeePrincipal;
(d) that the new working arrangements requested by the Employee Principal would be likely to result in a significant loss in efficiency or productivity;
(e) that the new working arrangements requested by the employee Principal would be likely to have a significant negative impact on customer servicestudent learning or the operation of the school.
9.8 11.6 If the Employer refuses the requestand Principal could not agree on a change in working arrangements under subclause 11.4, the written response must:
(a) state whether or not there are any changes in working arrangements that the Employer can offer the Principal so as to better accommodate the Principal’s circumstances; and
(b) if the Employer can offer the Principal such changes in working arrangements, set out those changes in working arrangements.
11.7 If the Employer and Principal reached an agreement under clause 9.5 subclause 11.4 on a change in working arrangements that differs from that initially requested by the Principal, then the Employer must include details of provide the reasons for Principal with a written response to their request setting out the refusalagreed change(s) in working arrangements.
Appears in 1 contract
Samples: Employment Agreement
Right to Request Flexible Working Arrangements. 9.1 In accordance with and pursuant to section 65 of the FW Act, an 3.4.1 Requesting a change in working arrangements
(a) An Employee may request a change in their working arrangements on the basis that may include but are not limited to changes in hours of work, changes in patterns of work and changes in location of work (including working from home) in any of the following circumstances:
(ai) the employee Employee is the a parent, or has responsibility for the care, of a child who is of school age or younger;
(bii) the employee Employee is a carer (within the meaning of the Carer Recognition Act 2010)carer;
(ciii) the employee Employee has a disability;
(div) the employee Employee is 55 or older;
(ev) the employee Employee is experiencing violence from a member of the employeeEmployee’s family;
(fvi) the employee Employee provides care or support to a member of the employeeEmployee’s immediate family, or a member of the employeeEmployee’s household, who requires care or support because the member is experiencing violence from the member’s family.
9.2 (b) To avoid doubt, and without limiting clause 9.13.4.1(a) above, an Employee who:
(ai) is a parent, or has responsibility for the care, of a child; and
(bii) is returning to work after taking leave in relation to the birth or adoption of a child may request to work part-time to assist the Employee to care for the child;.
9.3 An (c) The Employee is not entitled to make a the request under this clause unless:
(ai) for an Employee other than a casual Employee – the Employee has completed at least 12 months of continuous service with the Employer Centre immediately before making the request; or
(bii) for a casual Employee – the Employee:
(i) Employee is a long term casual Employee of with more than 12 months continuous service with the Employer Centre immediately before making the request; and
(ii) and has a reasonable expectation of continuing employment by the Employer Centre on a regular and systematic basis.
9.4 A request made under this clause 3.4.2 Request must be made in writing and set out details of the change sought and the reasons for the change.
9.5 On receipt of a request by an Employee under this clause, the Employer must give the Employee a written response within 21 days, stating whether the Employer grants or refuses the request.
9.6 The Employer may only refuse the request on reasonable business grounds.
9.7 Without limiting what are reasonable business grounds for the purposes of clause 9.6, reasonable business grounds include the following:
(a) that the new working arrangements requested by the Employee would be too costly for the Employer;
(b) that there is no capacity to change the working arrangements of other Employees, or recruit new Employees, to accommodate the new working arrangements requested by the Employer;
(c) 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;
(d) that the new working arrangements requested by the Employee would be likely to result in a significant loss in efficiency or productivity;
(e) that the new working arrangements requested by the employee would be likely to have a significant negative impact on customer service.
9.8 If the Employer refuses the request, the written response under clause 9.5 must include details of the reasons for the refusal.writing
Appears in 1 contract
Samples: The Geelong Arts Centre Enterprise Agreement 2021 – 2024
Right to Request Flexible Working Arrangements. 9.1 In accordance with and pursuant to section 65 11.1 If any of the FW Actcircumstances referred to in subclause 11.2 below apply to a Principal and the Principal would like to change his or her working arrangements because of those circumstances, an Employee then the Principal may request the Employer for a change in their working arrangements on relating to those circumstances
11.2 The following are the basis of the following circumstances:
(a) the employee The Principal is the parent, or has responsibility for the care, of a child who is of school age or younger;
(b) the employee Principal is a carer (within the meaning of the Carer Recognition Act 2010);
(c) the employee Principal has a disability;
(d) the employee Principal is 55 or older;
(e) the employee Principal is experiencing violence from a member of the employee’s Principal's family;
(f) the employee Principal provides care or support to a member of the employee’s Principal's immediate family, or a member of the employeePrincipal’s household, who requires care or support because the member is experiencing violence from the member’s 's family.
9.2 . To avoid doubt, and without limiting clause 9.1the above provisions, an Employee who:
(a) a Principal who is a parent, or has responsibility for the care, care of a child; and
(b) , and 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 Principal to care for the child.
9.3 An Employee 11.3 The Principal is not entitled to make a the request under this clause unless:
(a) for an Employee a Principal other than a casual Employee Principal – the Employee Principal has completed at least 12 months of continuous service with the Employer immediately before making the request; or
(b) for a casual Employee Principal – the EmployeePrincipal:
(i) is a long term casual Employee Principal of the Employer immediately before making the a request; and
(ii) has a reasonable expectation of continuing employment by with the Employer on a regular and systematic basis.
9.4 A (c) the request made under this clause must must:
(i) be made in writing and writing; and
(ii) set out details of the change sought and of the reasons for the change.
9.5 On receipt of a request by an Employee under this clause, the 11.4 The Employer must give the Employee Principal a written response to the request within 21 days, stating whether the Employer grants or refuses the request.
9.6 . If the Employer refuses the request, the written response must include details of the reasons for the refusal. The Employer may only refuse the request only on reasonable business grounds.
9.7 Without limiting what are reasonable . Reasonable business grounds for the purposes of clause 9.6include, reasonable business grounds include but are not limited to, the following:
(a) that the new working arrangements requested by the Employee Principal would be too costly for the Employer;
(b) that there is no capacity to change the working arrangements of other Employees, or recruit new Employees, Principals to accommodate the new working arrangements requested by the EmployerPrincipal;
(c) that it would be impractical to change the working arrangements of other EmployeesPrincipals, or recruit new EmployeesPrincipals, to accommodate the new working arrangements requested by the EmployeePrincipal;
(d) that the new working arrangements requested by the Employee Principal would be likely to result in a significant loss in efficiency or productivity;
(e) that the new working arrangements requested by the employee Principal would be likely to have a significant negative impact on customer service.
9.8 If student learning or the Employer refuses the request, the written response under clause 9.5 must include details operation of the reasons for the refusal.school
Appears in 1 contract
Samples: NSW and Act Catholic Systemic Schools Principals Multi Enterprise Agreement 2017
Right to Request Flexible Working Arrangements. 9.1 In accordance with and pursuant to section 65 2.4.1 If any of the FW Actcircumstances referred to in subclause 2.4.2 below apply to an Employee and the Employee would like to change his or her working arrangements because of those circumstances, an then the Employee may request the Employer for a change in their working arrangements on relating to those circumstances
2.4.2 The following are the basis of the following circumstances:
(a) the employee The Employee is the parent, or has responsibility for the care, of a child who is of school age or younger;
(b) the employee Employee is a carer (within the meaning of the Carer Recognition Act 2010);
(c) the employee Employee has a disability;
(d) the employee Employee is 55 or older;
(e) the employee Employee is experiencing violence from a member of the employee’s Employee's family;
(f) the employee Employee provides care or support to a member of the employee’s immediate familyEmployee's Immediate Family, or a member of the employeeEmployee’s household, who requires care or support because the member is experiencing violence from the member’s 's family.
9.2 . To avoid doubt, and without limiting clause 9.1the above provisions, an a Employee who:
(a) who is a parent, or has responsibility for the care, care of a child; and
(b) , and 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.
9.3 An 2.4.3 The Employee is not entitled to make a the request under this clause unless:
(a) for an Employee other than a casual 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 Casual Employee – the Employee:
(i) is has been employed as a long term casual Casual Employee of for more than 2 years with the Employer immediately before making the requestEmployer; and
(ii) has a reasonable expectation of continuing employment by with the Employer on a regular and systematic basis.
9.4 A c) the request made under this clause must must:
i) be made in writing and writing; and
ii) set out details of the change sought and of the reasons for the change.
9.5 On receipt of a request by an Employee under this clause, the 2.4.4 The Employer must give the Employee a written response to the request within 21 days, stating whether the Employer grants or refuses the request.
9.6 . If the Employer refuses the request, the written response must include details of the reasons for the refusal. The Employer may only refuse the request only on reasonable business grounds.
9.7 Without limiting what are reasonable . Reasonable business grounds for the purposes of clause 9.6include, reasonable business grounds include but are not limited to, the following:
(a) that the new working arrangements requested by the Employee would be too costly for the Employer;
(b) that there is no capacity to change the working arrangements of other Employees, or recruit new Employees, Employees to accommodate the new working arrangements requested by the EmployerEmployee;
(c) 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;
(d) that the new working arrangements requested by the Employee would be likely to result in a significant loss in efficiency or productivity;
(e) that the new working arrangements requested by the employee Employee would be likely to have a significant negative impact on customer service.
9.8 If student learning or the Employer refuses the request, the written response under clause 9.5 must include details operation of the reasons for the refusalCSO.
Appears in 1 contract
Samples: Employees Enterprise Agreement