Posts: flexible working arrangements

One of the National Employment Standards in the Fair Work Act 2009 (Cth) is the right to request a flexible working arrangement in certain circumstances. In or about mid-2023, the FW Act was amended to give the Fair Work Commission power to conciliate and arbitrate disputes about such requests.

One of the many changes to the Fair Work Act 2009 (Cth) introduced this year include the Fair Work Commission’s new powers to deal with disputes relating to requests for flexible working arrangements.

One of the effects of the amendments to the Fair Work Act 2009 (Cth) (FW Act) which came into effect on 6 June 2023 is that employers now have greater obligations when responding to requests for flexible working arrangements made under s 65 of the FW Act.

In December 2022, the Federal Government passed the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) resulting in several significant changes to the Fair Work Act 2009 (Cth). These changes have and will come into effect on various dates, with the latest wave of amendments being live as of 6 June 2023.

The passing of the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth) has resulted in several significant changes to the Fair Work Act 2009 (Cth). With some of these changes already in force, employers must now turn their minds to 6 June 2023 – the date of which the next wave of amendments will take effect.

Employers may only refuse an employee’s request for flexible work arrangements if they have “reasonable business grounds” to do so.

In the post COVID-19 environment, one of the most common issues faced by employers is facilitating the return of employees to the office or normal workplace. In particular, many employers have been required to deal with increased reluctance by employees to return to the workplace following lengthy periods of working from home.

It is not uncommon for employers and employees to agree to flexible working hours, particularly in circumstances where the employee has family or other caring responsibilities. Such arrangements are best recorded in writing, setting out clear expectations of the employee.

Our Managing Director Athena Koelmeyer, was recently interviewed for the long-running Business Essentials podcast, about what happens when employees resist returning to the office.

One of the National Employment Standards (NES) under the Fair Work Act 2009 (Cth) (FW Act) is the entitlement for employees in particular circumstances to request a flexible working arrangement with their employer. Such requests can only be refused by employers on reasonable business grounds.

An employee will only be eligible to request a flexible working arrangement if they are able to demonstrate that there is a sufficient nexus between one of the prescribed circumstances under the Fair Work Act 2009 (Cth) and the request itself.