KEY POINTS:
I am a bit worried about the new Flexible Working Arrangements Act which will now give employees the right to request flexible working. I employ 200 staff and I have read some information on the act. Can you recommend any sort of process I could follow as an employer when dealing with a request? For example, do I have to hold any meetings and is there a time limit by which to hold meetings? I want to make sure I get this right.
Firstly I would like to say that you are doing the right thing by becoming conversant with the requirements of the Employment Relations (Flexible Working Arrangements Amendment) Act 2007 (the FWA). The FWA will come into force on July 1.
The following recommendations will assist you in dealing with requests made by your staff under the FWA.
Hold a meeting with the employee as soon as practicable after an application is made. You must bear in mind that the request must be dealt with within three months of the application being made. So an initial meeting should be held within 28 days of the request being made.
You should allow the employee to have a representative/support person present at the meeting. At the meeting, invite the employee to expand on any points in the application.
Be prepared to be flexible. You may ask the employee if there are any work patterns the employee would be willing to consider or if the employee would consider a trial period.
If the employee has taken a companion along make sure the companion is also fully briefed about the request beforehand. You should provide copies of the application to the nominated person. This will save time during the meeting.
You should be conversant with the FWA and other sources of information on flexible working before the meeting.
Advise the employee that you will consider the request and prepare a detailed account of the meeting. This should be given to the employee within about two days of the meeting.
You should tell the employee that you will notify him/her of your decision in writing by a specific time, but no later than 14 days after the initial meeting.
You should hold a second meeting to discuss your decision with the employee.
If the request cannot be accommodated, then the ground for refusal must be stated clearly. You should invite the employee to provide feedback and to meet with you about the decision.
If flexible work options are available as a matter of course in your company, staff should not need to make a request under the FWA. This may give you more control over the future variations to flexible working and exit arrangements should it prove to be unsatisfactory.
You should train managers to supervise flexible workers and to implement policies consistently and fairly.
You must bear in mind that there is a penalty if you do not comply with the FWA.
The maximum penalty is $2000 if you fail to deal with a request or do not notify the employee of your decision within the three month period. Also, the penalty will apply if you do not provide the grounds and reasons for declining a request where it is declined for a business reason.
For further information, contact the Department of Labour.
