Requests for Flexbile Working Arrangements

The Fair Work Act creates a new right for employees with at least 12 months service to request a change in working arrangements to assist them in caring for pre-school aged children or children under 18 with a disability. Employers are permitted to refuse, if they have “reasonable business grounds”.  So long as an employer actually provides a written response to an employee’s request, the Fair Work Act provides no grounds for an employee to challenge a refusal. It is important, however, that if an employee makes such a request and the employee does not wish to agree to it, then a written response must be provided. Employers should bear in mind, however, that an employee may be able to make a claim in relation to a refusal by an employer to accommodate such a request under anti-discrimination legislation.

Back to Significant Changes for Small and Medium Business.