Flexible working arrangements at hand for working mums

WORKING mums-to-be in the Far North are now eligible to request flexible work arrangements from their bosses, under new national laws that came into effect over the past month.

As part of the changes, pregnant employees and those experiencing (or caring for someone experiencing) family or domestic violence are newly eligible to make flexible work requests. Others already eligible to make the request include workers caring for young children or someone with a medical condi- tion, people aged 55 or older, and those living with a disability.

Workers in these categories must have been employed with the same employer for 12 months to be able to make a request.

Casual workers who meet the above eligibility criteria can apply as well if they have been and will likely continue to be employed with the same employer on a regular basis.

If you are one of these types of workers and want to request a flexible working arrangement, you should do so in writing.

In your request, you should explain what changes are being asked for, and the reasons for the requested change. Flexible work doesn’t just mean working from home. Other examples include changes to start and finish times, compressed hours or job sharing.

Under the recent law changes, employers must follow certain steps before they can refuse a request for a flexible working arrangement.

This includes a written response that details the reasonable business grounds for refusing the request, and whether there are any other changes the employer is willing to make to accommodate the employee’s circumstances.

The employer must also provide information about referring a dispute to the Fair Work Commission, which is a new right that is open to workers under the recent changes.

This is significant as employers previously only had to provide written reasons for refusing a request, with no option for the worker to challenge or appeal that decision.

Examples of reasonable business grounds for refusing a request include that the request would result in a significant loss of productivity or have a significant negative impact on customer service.

The recent changes are part of the staged implementation of workplace laws contained in the Secure Jobs, Better Pay Act that was passed by Federal Parliament in December.

Kristyn Lennon is a Cairns-based lawyer who heads Maurice Blackburn’s Tablelands office. This legal information is general in nature and should not be regarded as specific legal advice. If you have a legal question you would like Kristyn to answer you can contact her at klennon@mauriceblackburn.com.au