November 30, 2018

Permanent and long-term casuals, in some circumstances, are entitled to request flexible work arrangements. From 1 December 2018, new rules have been added to Modern Awards to provide more guidance on how to deal with these requests. The legislation and Awards prescribe some minimum requirements of the employment relationship which can’t be altered such as leave and superannuation entitlements. However, working arrangements such as start and finish times, shift organisation, or where an employee works can be varied through agreement between the employer and employee.

The new rules identify the following process which must be followed:

  • Employee makes flexible work arrangement request
  • Employer discusses the request with the worker in an effort to reasonably accommodate the employee’s circumstances
  • Employer either agrees or refuses the request (if there are reasonable grounds).
  • If the request is refused the employee is provided with a written response detailing the reasons the request was denied.
  • If the request is agreed, the agreement is documented and communicated to the employee.

Read more about flexible working arrangements of the Fair Work Ombudsman website or call us on 07 3348 3666.