Flexible Working Arrangements

Under the National Employment Standards an employee can request flexible working arrangements if they fall within one of the following categories:

1.       The employee is pregnant,

2.       The employee is a parent or has the responsibility of a child who is of school age or younger,

3.       The employee is a carer,

4.       The employee has a disability,

5.       The employee is 55 years of age or older,

6.       The employee is experiencing family or domestic violence, or

7.       The employee provides care and support to a member of their immediate family who is experiencing domestic or family violence.  

If an employee does request flexible working arrangements then the employer has 21 days in which to provide a written response as to whether it will be agreed or not.

To refuse a request the employer must show that it is done on reasonable business grounds. They must be able to show that they have taken reasonable steps to enquire about the employee’s circumstances, tried to reach agreement with the employee, and can show detriment to the business.

There are also provisions under the Awards (Individual Flexibility Agreements - IFAs) for an employer and employee to agree to vary certain award provisions relating to when work is performed, penalty rates, overtime rates, allowances and annual leave loading. This allows for the employer and employee to agree to changes that might otherwise cost the employer but by agreement can be managed appropriately.

Primary Employers Tasmania can assist in dealing with requests for flexible working arrangements and can draft Individual Flexibility Agreements to meet your business needs.