As we draw closer to the Secure Jobs, Better Pay Bill passing through the Senate this week, it is an opportune time to unpack what flexible work arrangements really mean for employers.
Under existing law, some employees (incorporates a parent of young children, a carer, a person with a disability or over 55, a person experiencing or supporting a family member experiencing domestic violence) who have worked for the same employer for more than 12 months can currently request flexible work arrangements.
When the Senate passes the Bill, employers will be required to discuss flexible work requests with their employees and genuinely seek to reach an agreement. An employer can only refuse requests where an agreement cannot be reached, the employer has regard for the consequences of the refusal on the employee and the refusal is based on reasonable business grounds.
If you refuse, under the new régime your employee can challenge this and file a dispute with the Fair Work Commission. This will result in the Commission requiring conciliation between you and your employee and ultimately the Commission may arbitrate an outcome or make a decision if an agreement cannot be reached.
Concerningly, this may result in Employers having to comply with decisions that impose operational difficulties and added costs on the business.
It is important you:
These are all things we can assist you with and represent your interests in the Fair Work Commission – all you need to do is contact our Business Advice Hotline on (08) 8300 0000 (select option 1) or register your online query here.
