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New Australian Workplace Laws - Flexible Working Amendments

It is important to remember that the obligation to consult does not mean an obligation to agree. The new changes include the requirement that, where an employee’s request cannot be accommodated on reasonable business grounds, an employer has the responsibility of proposing an alternative. Should an employee decide not to take an alternate option, and there are reasonable business grounds for an employer to refuse a request for flexible working, then there is every possibility that the Commission would find in favour of an employer, should the matter reach that stage.

As with most Workplace disputes, having and following a process is key. A recent decision in the Fair Work Commission has highlighted the importance of genuinely engaging with an employee who has requested flexible working conditions. In that case, the employer had flippantly refused their employees flexible working request without beforehand engaging in any efforts with the employee to find a workable solution. Consequently, the Commission determined that the employers did not have the “reasonable business grounds” necessary to refuse the request. This pre-amendment ruling indicates that the Commission will most likely take a careful look at an employer’s response when presented with a request. So, having proper processes and workplace policies is vital.

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In this era of tightened labour markets and low unemployment, it makes sense for employers to consider flexible work requests accommodate them where

State Elections – Good result for Central Coast

Scentre Group, owners of Westfield Tuggerah shopping centre and the Darkinjung Land Council presented the Minister Anthony Roberts with a plan to transform Tuggerah into a new age community.

Tuggerah stands at the centre of the Central Coast and has the capacity to generate over $4 billion in economic benefit. It should be a major transport interchange supporting a mix of retail, a regional sporting complex, education, entertainment options and within that over 2,600 homes in medium and high rise living. It was killed off once the new government took office.

This has to be a top priority for incoming Minister for the Central Coast David Harris and the new Planning Minister.

Small and Medium Business Priorities

• Energy. Perhaps the new government can bring themselves to understand that small and medium businesses are facing financial ruin as the cost of electricity doubles and gas prices increase by over 50%. For manufacturers our politicians need to understand that many are struggling as environmentalists and activists simply will not understand that it is base load power that drives industry. A few puffs of wind and a sunny day might be okay them but what we are doing is driving manufacturing back to China and India and elsewhere.

• Workers Compensation. Workers Compensation is a cancer that is out of control. Treasurer then Premier Perrottet

Why Busine Ss Owner S On The Centr Al Coa S T Choose Ccbr To Grow Their Busine Ss

✓ They can reach over 20,000 business readers every month.

✓ Most widely read and trusted business publication on the Central Coast.

✓ The repetition of your ad every month means readers will get to know you and remember you.

✓ Independent surveys show 94% of readers will use the CCBR for reference when looking for suppliers.

✓ The quality of the publication and the content means readers retain the CCBR for future reference.

CONTINUED FROM PAGE 10 possible. Data obtained by National Bureau of Economic Research indicates that a third of Australian employees who are currently working flexibly would be inclined to immediately quit their job or start looking for a new one if they were required to return to their place of employment on a full time basis. Like Dolly, it seems that, in this post COVID work environment, Australian workers are less inclined to be constrained to office, working 9 to 5.

To avoid the risks of failing to properly consider any requests for flexible work arrangements, we can provide advice and guidance and practical tips to suit your business.

For more information on workplace laws contact Warwick Ryan at: Warwick.Ryan@hicksons.com.au created a monster when he changed WorkCover to iCare which now operates on the basis that employees are always right and entitled to huge compensation on the basis of their say-so and employers are always in the wrong.

Workers Compensation claims are automatically paid by iCare and recov ered from employees with increased premiums.

It is a scandal that simply has to be addressed.

Edgar Adams Editor

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