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ARTICLE · 28 NOVEMBER 2018

Fair Work Commission – recent changes – let us get flexible, flexible

Businesses must now genuinely try to reach agreement in relation to a request for flexible work by an award covered employee.

AustraliaEmployment and HR

The Fair Work Commission is getting serious about normalising family-friendly working arrangements. From 1 December 2018, all modern awards will require employers to genuinely try to reach agreement with their award-covered employees on a flexible working arrangement, if requested by the employee.

Backstory

The ability to request a flexible working arrangement already exists in the Fair Work Act 2009. A request can be made by any permanent employee (or long-term casual employees with a reasonable expectation of ongoing work) that has parental or carer's responsibilities, or a disability, or is over 55 years of age, or experiencing domestic violence, or is supporting someone who is experiencing domestic violence. An employer must respond to any request in writing, by stating whether they grant or refuse, the request.

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