REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS Sample Clauses
REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS. 49.1 Employee may request change in working arrangements s.65 of the Act. Note 1: Section 65 of the Act provides for certain Employees to request a change in their working arrangements because of their circumstances, as set out in s.65(1A).
REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS. The laws about requests for flexible working arrangements changed on 1 July 2013. The NES give employees the right to request a change to working arrangements in the following circumstances: If the employee is a parent, or has the responsibility for the care, of a child who is of school age or younger: The employee is a carer (within the meaning of the Carer Recognition Act 2012); The employee has a disability; The employee is 55 or older; The employee is experiencing violence from a member of the employee’s family; The employee provides care or support to a member of the employee’s immediate family, or a member of the employee’s household, who requires care or support because the member is experiencing violence from the member’s family. In addition, parents or those who have responsibility for the care of a child and who are returning from a period of parental leave or adoption leave may request to work part-time to assist the employee to care for the child. Casual employees who work on a regular and systematic basis with a reasonable expectation of continuing work can also make a request for flexible working arrangements. The request must be in writing and provide details of the change sought and reasons for the change. Employers must respond to the request in writing within 21 days and give reasons if the request is refused. A request may only be refused on reasonable business grounds which should be specified in the written response. Fair Work Act provides the following list of matters which may amount to reasonable business grounds but there may be others: That the new working arrangements would be too costly for the employer; That there is no capacity to change the working arrangements of other employees to accommodate the new working arrangements requested by the employee; That it would be impractical to change the working arrangements of other employees or recruit new employees to accommodate the new working arrangements requested by the employee; That the new working arrangements requested by the employee would be likely to result in a significant loss in efficiency or productivity; That the new working arrangements requested by the employee would be likely to have a significant negative impact on customer service;
REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS. 42.1 Employees are entitled to request flexible employment arrangements in accordance with the provisions of the NES (refer to Chapter 2, Part 2-2, Division 4 of the Act).
42.2 In the following are the circumstances:
a) the employee is the parent, or has responsibility for the care, of a child who is of school age or younger;
b) the employee is a carer (within the meaning of the Carer Recognition Act 2010);
c) the employee has a disability;
d) the employee is 55 or older;
e) the employee is experiencing violence from a member of the employee’s family;
f) the employee provides care or support to a member of the employee’s immediate family, or a member of the employee’s household, who requires care or support because the member is experiencing violence from the member’s family.
42.3 The employee is not entitled to make the request unless:
(a) for an employee other than a casual employee—the employee has completed at least 12 months of continuous service with the employer immediately before making the request; or
(b) for a casual employee—the employee:
(i) is a long term casual employee of the employer immediately before making the request; and
(ii) has a reasonable expectation of continuing employment by the employer on a regular and systematic basis.
42.4 The request must:
(a) be in writing; and
(b) set out details of the change sought and of the reasons for the change.
42.5 The employer must give the employee a written response to the request within 21 days, stating whether the employer grants or refuses the request.
REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS. 21.1 Employee may request change in working arrangements
REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS. An Employee may request a change in working arrangements. This Clause applies where an Employee has made a request for a change in working arrangements under section 65 of the Act.
REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS. 30.1 A Teacher can request flexible working arrangements in accordance with section 65 of the Act.
REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS. An Employee, who is an Employee who has worked with the Company for at least 12 months, and falls within one of the categories of Employees who can request flexible working arrangements, in accordance with the provisions of the FW Act, clause 37A of the Building and Construction General On-site Award 2010, and applicable company policies and procedures, may submit a request to the Company for a change in working arrangements, in accordance with these provisions, as amended from time to time
REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS. 31.1 An Employee may request change in working arrangements.
31.2 Clause 31 applies where an Employee has made a request for a change in working arrangements under s.65 of the FW Act.
31.3 Before responding to a request made under s.65 of the FW Act, the Employer must discuss the request with the Employee and genuinely try to reach agreement on a change in working arrangements that will reasonably accommodate the Employee’s circumstances having regard to:
(a) the needs of the Employee arising from their circumstances;
(b) the consequences for the Employee if changes in working arrangements are not made; and
(c) any reasonable business grounds for refusing the request.
31.4 Clause 31.4 applies if the Employer refuses the request and has not reached an agreement with the Employee under clause 31.3.
(a) The written response under s.65(4) of the FW Act must include details of the reasons for the refusal, including the business ground or grounds for the refusal and how the ground or grounds apply.
(b) If the Employer and Employee could not agree on a change in working arrangements under clause 31.3, the written response under s.65(4) of the FW Act must:
(i) state whether or not there are any changes in working arrangements that the Employer can offer the Employee so as to better accommodate the Employee’s circumstances; and
(ii) if the Employer can offer the Employee such changes in working arrangements, set out those changes in working arrangements.
31.5 What the written response must include if a different change in working arrangements is agreed If the Employer and the Employee reached an agreement under clause 31 on a change in working arrangements that differs from that initially requested by the Employee, the Employer must provide the Employee with a written response to their request setting out the agreed change(s) in working arrangements.
31.6 Disputes about whether the Employer has discussed the request with the Employee and responded to the request in the way required by clause 31, can be dealt with under clause 28—Dispute Settlement Procedure.
REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS. (a) If:
(i) any of the circumstances referred to in subclause 61(b) apply to an employee; and
(ii) the employee would like to change their working arrangements because of those circumstances; then the employee may request the Employer for a change in working arrangements relating to those circumstances. Note: Examples of changes in working arrangements include changes in hours of work, changes in patterns of work and changes in location of work.
(b) The following are the circumstances:
(i) the employee is pregnant;
(ii) the employee is the parent, or has responsibility for the
(iii) care, of a child who is of school age or younger;
(iv) the employee is a carer (within the meaning of the Carer Recognition Act 2010 (Cth));
(v) the employee has a disability;
(vi) the employee is 55 or older;
(vii) the employee is experiencing family and domestic violence;
(viii) the employee provides care or support to a member of the employee's immediate family, or a member of the employee's household, who requires care or support because the member is experiencing family and domestic violence.
(c) To avoid doubt, and without limiting subclause 61(a), an employee who:
(i) is a parent, or has responsibility for the care, of a child; and
(ii) is returning to work after taking leave in relation to the birth or adoption of the child; may request to work part-time to assist the employee to care for the child.
(d) The employee is not entitled to make the request unless:
(i) for an employee other than a casual employee--the employee has completed at least 12 months of continuous service with the Employer immediately before making the request; or
(ii) for a casual employee--the employee:
(1) is, immediately before making the request, a regular casual employee of the Employer who has been employed on that basis for a sequence of periods of employment during a period of at least 12 months; and
(2) has a reasonable expectation of continuing employment by the Employer on a regular and systematic basis.
(e) For the purposes of applying subclause 61(d)(i) in relation to an employee who has had their casual employment converted to permanent employment in accordance with subclause 18 (g), any period for which the employee was a regular casual employee of the Employer is taken to be continuous service for the purposes of subclause 61(d)(i).
REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS. 84.1 An Employee who is a parent, or has responsibility for the care, of a child may ask the Employer for a change in working arrangements for the purpose of assisting the Employee to care for the child if:
84.1.1 the child is under school age; or
84.1.2 the child is under the age of 18 and has a disability.
84.2 A request made under clause 84.1 may include, but is not limited to, changes in hours of work, changes in patterns of work or changes in the location of work.
84.3 An Employee is not entitled to make a request under clause 84.1 unless:
84.3.1 for an Employee, other than a casual Employee, they have completed at least 12 months continuous service with the Employer immediately before making the request; or
84.3.2 for a casual Employee, they have:
a. been engaged by the Employer on a regular and systematic basis for a sequence of periods of employment during a period of at least 12 months immediately before making the request; and
b. have a reasonable expectation of continuing engagement by the Employer on a regular and systematic basis.
84.4 A request made under clause 84.1 must be in writing and set out:
84.4.1 details of the change in working arrangements sought by the Employee; and
84.4.2 the reasons for the change.
84.5 The Employer must respond to a request made under clause 84.1 within 21 days, stating whether or not the request is granted.
84.6 The Employer may refuse a request made under clause 84.1 on reasonable business grounds.
84.7 If the Employer refuses a request made by an Employee under clause 84.1, the written response provided under clause 84.5 must include the reasons for such a refusal.