Flexible Working Arrangements

Article Supplied by HR Business Assist

Throughout an employee's employment, there may be instance where they may benefit from flexibility in their work arrangement.  Changes in family responsibilities, health concerns, or other personal circumstances may lead an employee to request a Flexible Working Arrangement (“FWA”).  Employees who feel supported in balancing their work and personal responsibilities are often more likely to remain committed to their employer over the long term.

Flexible Working Arrangements

A FWA is an agreement between an employer and employee to vary how, when or where the employee performs their work.  We note even where an employee does not meet the eligibility requirements under the legislation, employers may still choose to consider requests where operationally feasible.  A FWA may vary the following:

•             changes to start and finish times;

•             changes to hours of work;

•             changes to days of work;

•             part-time work arrangements;

•             working from home arrangements; or

•             other adjustments to how work is performed.

Eligibility for a Flexible Working Arrangement

Under the Fair Work Act 2009, eligible full-time and part-time employees may be entitled to request a flexible working arrangement.  To be eligible to request a FWA an employee will have completed at 12 months of service with the employee and:

•             are a parent or have responsibility for the care of a child;

•             provides care or support to an immediate family or household member;

•             have a disability;

•             are aged 55 years or older;

•             are experiencing family or domestic violence; or

•             provide care or support to an immediate family or household member experiencing family or domestic violence.

Responding to a Flexible Working Arrangement Request

Each FWA request is generally considered in light of the employee’s circumstances and the operational requirements of the business.  For an eligible request, the employee must receive a written response within 21 days confirming whether the request has been approved or refused.

Modern awards may also contain provisions relating to FWAs, meaning the applicable award may form part of the requirements relevant to a request.

The considerations relevant to a request may vary depending on the nature of the position, the employee’s duties, service delivery, client or customer expectations, workload distribution and the effect on other employees. For example, remote work may be more readily accommodated in some administrative functions than in roles requiring attendance at meetings or client appointments.

The outcome of a FWA request may also need to be recorded in appropriate documentation, depending on the nature of the arrangement.

When a Request Cannot Be Accommodated

Where a request cannot be accommodated as proposed, consideration may be given to whether an alternative arrangement could provide some flexibility while addressing the employer’s operational requirements

Where an employer determines a request cannot be accommodated, we advise documenting clear reasons for the decision.

Individual Flexibility Arrangement VS Flexible Working Arrangement

It is important to distinguish a Flexible Working Arrangement from an Individual Flexibility Arrangement (“IFA”).  A FWA relates to changes to the terms and conditions of an employee's working arrangements and may be requested by eligible employees under the Fair Work Act 2009.  

An IFA is an agreement between an employer and employee that varies certain terms of a relevant modern award and may not be applicable to someone who is Award Free.  Given the complexity associated with IFAs and the potential risks if implemented incorrectly, employers should seek legal advice before proceeding.

Contact HR Business Assist | P 1300 138 551 | E support@hrbusinessassist.com.au