Supporting Flexible Working Arrangements in Your Workplace
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As more and more employees are being asked to transition back to the workplace, flexibility remains a key motivator for job seekers when selecting a new employer. The ability to balance work responsibilities with personal commitments has become a priority for many workers. One of several additions to the Fair Work Act, released on June 6th, 2023, is for requests for flexible working arrangements to become part of the National Employment Standards (NES). The NES applies to all employees covered by the national workplace relations system, regardless of any award, agreement, or contract.
Under the changes to the Fair Work Act, certain employees are now entitled to request flexible working arrangements (such as changes in hours of work) from their employer. An employer can only refuse such a request on ‘reasonable business grounds’. This includes permanent employees who have been with the same employer for at least 12 months, as well as regular casual employees with 12 months of service and a reasonable expectation of continued employment, and meet the following criteria:
- Parents or caregivers of school-aged or younger children.
- Carers under the Carer Recognition Act 2010.
- Individuals with disabilities.
- Employees aged 55 or older.
- Pregnant employees.
- Individuals experiencing family and domestic violence.
- Those providing care or support to immediate family or household members experiencing family and domestic violence.
Employers must respond to the request in writing within 21 days, indicating approval or refusal. Refusal is permitted only on reasonable business grounds, and once a discussion has been conducted with the employee. Reasonable business grounds for refusal may include significant costs, lack of capacity to accommodate the request, impracticality, inefficiency, or adverse impacts on productivity or customer service.
Employers of choice not only understand the legal requirements concerning flexible working arrangements but are also implementing processes to effectively manage and consider employee requests for flexibility seriously. The benefits of adopting a best practice approach to flexible working arrangements are numerous and include greater job satisfaction, reduced workplace stress, lower absenteeism, increased productivity, and improved ability to attract and retain skilled staff.
Flexible working arrangements come in various forms, catering to different workplaces, job roles, and employee needs. Some common examples of flexible work arrangements include flexible start and finish times, compressed work hours, part-time work, job sharing, working from home, and more.
Employers of choice should go beyond the minimum legal obligations and extend the right to request flexible work arrangements to all employees where deemed possible, regardless of their personal circumstances and tenure. To effectively support flexible working arrangements, employers can consider the following practical approaches to requests:
- Recognize Different Needs: Understand that each employee's needs for flexibility may vary. Some may require short-term adjustments, while others may seek long-term arrangements. Adopt an individualized approach that addresses each employee's unique situation.
- Have Open Conversations: Encourage open and honest communication between employers and employees. Engaging in dialogues can build trust, manage expectations, and foster a supportive work environment.
- Look for Low-Cost Solutions: Not all flexible arrangements have associated costs. Consider options such as flexible start and finish times, which can benefit both employees and the organization without incurring additional expenses.
- Trial Periods: For new or untested arrangements, consider implementing trial periods of three to six months. This allows time for evaluation and potential adjustments if necessary.
Above and beyond responding to requests for flexibility, employers of choice work to create a culture that positively supports flexible working arrangements by:
- Developing Policies: Create a flexibility policy that outlines who can request flexibility, the types of arrangements available, the request process, decision-making criteria, and record-keeping guidelines.
- Training Managers and Employees: Provide training and resources to managers and employees, empowering them to understand and embrace flexible work practices effectively.
- Fostering a Supportive Culture: Promote a culture that encourages open discussions about flexible work options and showcases positive examples of employees successfully balancing work and family commitments.
- Investing in Technology: Employ technology to enable and support flexible working arrangements, facilitating remote work, secure access to work systems, and virtual collaboration.
As employees navigate the transition back to the workplace, the demand for flexibility in work arrangements continues to be a significant factor in job selection and satisfaction. Recent changes to the Fair Work Act allow certain employees to request flexible working arrangements and outline how employers need to respond. However, by going beyond the legal requirements and implementing simple best practice policies and procedures, employers can enhance job satisfaction, reduce workplace stress, and attract and retain skilled staff, ultimately contributing to a positive and thriving work environment.
For more information on the changes to the Fair Work Act and employer requirements please refer to Fair Work Ombudsman site, www.fairwork.gov.au . To access the information referenced in this blog as well as templates and guides, you can find it at Requests for flexible working arrangements and Best Practice Guides on the same site.
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Tandem Partners acknowledges the Traditional Custodians of the land on which we live and work. We recognise their continuing connection to land, water and community and pay respect to Elders past, present and emerging.
