Flexible Work Arrangements - Argon Law
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Are you entitled to flexible work arrangements under the Fair Work Act in Australia?
What are Flexible working arrangements?
Who is entitled to request them?
On what grounds can they be refused?
The Fair Work Act provides eligible employees with the right to request flexible working arrangements. The employee must have worked for the employer for at least 12 months on a permanent basis, or meet the requirements of a long-term casual employee. Flexible working arrangements can be requested in a number of circumstances.
If the employee:
has parental responsibility for a child who is of school age or younger;
is a carer;
has a disability or impairment;
is 55 or older;
is experiencing family violence;
is caring for a family member or someone from their household who is experiencing family violence.
The request for flexible arrangements needs to be made in writing and must explain the reasons for the request.
A request can only be refused on ‘reasonable business grounds’. A decision to refuse should be exercised carefully by employers. Non-compliance will not only create exposure under the adverse action provisions, but potentially anti-discrimination legislation.
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