The new 'Requests for flexible working arrangements'
National Employment Standard (the right to request
NES) introduced with the Fair Work Act 2009
(Act) has led to much debate in recent weeks.
There is some fear that the right to request NES is too broad and
will place extra pressure on employers.
This article looks at the current entitlement of employees with
family or caring responsibilities under Federal, State and
Territory discrimination legislation to flexible or part time work
and considers the changes that the new right to request NES will
bring – is it worth being so concerned about? The
Curent Federal system
Section 28 of the Workplace Relations Act 1996 (Cth)
(the WR Act) provides a return to work guarantee for mothers after
maternity leave. However, there is no specific entitlement or right
under current Federal or State legislation for a person to request
or be entitled to flexible working arrangements (in the context of
child care responsibilities
