Flex your work muscle with the boss

Asking the boss to work flexitime, taking unpaid leave, and working from home now are supported by federal law for many parents in the workforce.

National employment standards introduced by the Federal Government this year allow parents with children under school age and children with a disability aged under 18 the right to request flexible working arrangements.

Since the standards came into effect on January 1, eligible parents have had the right to request – but not demand – that their employer allow them to work the hours they want, or they need, to care for their family.

Employers must respond within 21 days but can only refuse a request on “reasonable business grounds”.

But SafeWork SA Work Life Balance Strategy manager Michelle Hogan says all workers can approach their employer to work out a flexible working arrangement, even if they are not the focus of the new laws.

She says there are no hard-and-fast rules about what constitutes flexible working arrangements but part-time, flexitime, job-sharing, time off in lieu, working from home and paternity leave arrangements can all be negotiated.

“There’s nothing stopping them at all and some employee groups and individuals have asked for all sorts of things and been successful,” she says.

“If they don’t have children under school age or children with a disability, then if their request is refused, they don’t have any grounds on which to appeal.

“However, if the flexible working arrangement is negotiated as part of an enterprise agreement, it then has the force of an award entitlement.”

Flexible work arrangements can include:

• FLEXITIME: This gives workers varied start and finish times around core hours, does not impact on the number of hours worked and adapts to the needs of the worker, workplace and business;
• COMPRESSED hours or working week: Workers complete a full-time job load by working more hours each day but less days each week, to suit a business’s busy times and a worker’s personal responsibilities;
• ANNUALISED hours: These are an agreed number of hours an employee works in a full year, allowing for time off during such times as school holidays or to volunteer; and
• PATERNITY leave beyond the minimum standards: This allows new fathers to spend time at home and shows the employer’s sensitivity to their workers’ personal responsibilities.

Employers can benefit by retaining staff who have skills in their area, having their workforce present at times of peak demand and having more productive workers.

Ms Hogan says the new right to request flexible working arrangements is limited to workers with children but is a vital first step to provide for the flexibility needed by all workers from time to time.

The ageing population, in particular, will mean more workers will have to care for older relatives.

The new employment standards also provide the minimum conditions and entitlements employers must give their employees, such as annual leave, carer’s leave and redundancy notice.

Safework SA is holding a panel discussion in Adelaide on Thursday, June 17, to outline how businesses can respond to requests for flexible work arrangements.

Registrations can be made by calling 8207 2245.

Commercial law firm Finlaysons believes the entitlements workers have under the new employment standards are largely “hollow” because Fair Work Australia has no power to investigate alleged breaches or impose penalties.

Workplace partner Grant Archer says employers may only refuse requests for flexible working hours on “reasonable business grounds” but the grounds are as yet undefined by the Fair Work Act. “It leaves both employers and employees standing on shaky ground,” he says.

He says the legislation does not allow Fair Work Australia to look behind the reasons for refusing a flexible work environment on “reasonable business grounds” and assess their validity.

Ms Hogan says the new laws will encourage more businesses to discuss what flexible options may work for both the employer and employee.

Businesses that are open to flexible arrangements will attract and keep staff, she says.