The Future of Work: Flexible Working Arrangements

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Gone are the days of working in an office 7 days a week from 9-5 (we can all thank COVID-19 for that!). There is very much a shift toward flexible working.

Thanks to the Fair Work Legislation Amendment (Secure Jobs, Better Pay) Act 2022 (Cth), employees' rights to request flexible working arrangements will be expanded AND the Employer's ability to deny such requests will be reduced.

These changes are set to come into effect on 6 June 2023.

So your employee has just come to you requesting flexibility around their working arrangements, what happens now?

Employers must:

meet with the employee to discuss their request
provide a written response within 21 days
where the Employer intends to refuse their request, both parties must come to a mutual agreement and note the agreed changes in a written response

NOTE: Employers must NOT refuse an employee's request before discussing alternative workplace agreements with the employee.

For those employees and employers who cannot come to a mutual understanding, do not stress! the Act has also introduced dispute mechanisms that should be followed to ensure the employee-employer relationship is not damaged.

What do we suggest?

ensure your flexible working policies and procedures have been reviewed and are up to date with the newly proposed changes
ensure staff are made aware of the procedure of how to request flexible working
be prepared! Employers are likely to be hit with a ton of flexible working requests. So, make sure your team is ready (and don't forget about that 21 day deadline!)

If you have any questions about flexible working arrangements or want to discuss how your Company can adapt to the amendment in legislation, reach out to the Employii team ([email protected]).

To stay up to date, check out the Fair Work Ombudsman website (here).

Author: Chelsea Finlay (HR Officer)

The Future of Work: Flexible Working Arrangements

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