We receive many enquiries from members asking for help with flexible work arrangements (FWAs). Given they are such a common request, we’ve put together a simple step by step process for ensuring you get the best possible outcome. Here we go:
1. Make sure your eligible to request a FWA
Firstly, you’re entitled to make a request if you’ve completed at least 12 months continuous service with the company. This doesn’t mean 12 months in a particular role, just that you’ve been employed by the company for 12 months.
An employee can request a FWA if they:
- are pregnant
- are the parent, or have responsibility for the care, of a child who is of school age or younger
- are a carer (within the meaning of the Carer Recognition Act 2010)
- have a disability
- are 55 or older
- are experiencing family and domestic violence, or
- are caring for or supporting an immediate family or household member who requires care or support because they are experiencing family and domestic violence.
You may require documentation to demonstrate that you fit the criteria. It is worthwhile seeking this prior to making a request.
2. What types of changes in working arrangements can you request?
- changes in hours of work (for example, reduction in hours worked, changes to start/finish times)
- changes in patterns of work (for example, working ‘split shifts’ or job sharing arrangements)
- changes in location of work (for example, working from home or another location).
While these are the most common type of change, there could be other arrangements that are suitable to request. Everyone’s life and family are different and require different flexibility. It’s worth considering what you need to make things work.
3. Find the form and complete it
This seems straight forward but employers don’t always make this easy. You should be able to locate the form on the employer intranet. If you have any problems with this, ask a delegate, manager or HR.
When completing the form, provide the information to demonstrate you meet the criteria and be clear in what you are requesting.
4. The 21 day window to respond
The employer has 21 days to respond to you and it must be in writing. The employer may only refuse your request if they have discussed the request with the employee, genuinely tried to reach an agreement with the employee for alternative arrangements and considered the consequences for the employee of refusing the request. Only once these steps are completed can the employer refuse your request on reasonable business grounds.
In most cases, requests are accommodated in full or with a few tweaks. Your RTBU Delegate or Organiser can assist you at any time in the process.
5. What if my request is rejected?
The employer can only reject a flexible work request on reasonable business grounds. These include:
- cost – the requested arrangements would be too costly for the employer
- capacity – there’s no capacity to change the working arrangements of other employees to accommodate the request
- practicality – it would be impractical to change the working arrangements of other employees, or take on new employees, to accommodate the request
- inefficiency or impact – the requested arrangement would be likely to result in significant loss in efficiency or productivity, or have a significant negative impact on customer service.
With large organisations like Metro or V/Line, it is difficult for the employer to make arguments around reasonable business grounds if the request is reasonable and clearly fits with the employee’s individual circumstances. However, we often see that an employer’s default response it to deny the request. At this point, you should contact your RTBU Organiser for assistance in engaging your employer.
Should an employer be unreasonable in considering a request, the RTBU could initiate a dispute on your behalf or escalate the matter to the Fair Work Commission for assistance.
It is vital that you speak to your organiser should you have any concerns throughout the process.
6. Review of an approved flexible work arrangement
Most employers will require you to resubmit a new flexible work request every 3 to 6 months. It is important that you keep your documentation as this will facilitate easy submission should your circumstances remain unchanged.
7. Get help and ask questions
Your RTBU team of Delegates, Organisers and Industrial Officers are here to help you at every step along the way. Whether it’s advice on commencing a flexible work arrangement or representation when engaging a manager, things always go better when you’ve got the RTBU in your corner.
