Know Your Rights: Flexible Working Arrangements & Reasonable Adjustments

Employees can request changes to their working arrangements to help balance work with other important aspects of their lives. In most cases, these can be categorised as 'flexible working arrangements’ or as ‘reasonable adjustments’.

What is the difference?

‘Flexible working arrangements’ are changes to an employee's work patterns on the grounds of family situations, caring requirements or age.

‘Reasonable adjustments’ are modifications or alterations made to the work environment, work processes, or conditions to ensure an employee with a disability has equal opportunity to perform their job and participate fully in the workplace.

Flexible Working Arrangements

The IEU can provide support throughout the flexible working arrangements (FWA) application process. We can offer advice on writing your request, prepare you for the discussion with your employer, and guide you through understanding your employer's response.

Full-time and part-time employees can now request flexible work arrangements if they’ve worked with the same employer for at least 12 months and they:

·         Are the parent, or have responsibility for the care, of a child who is school aged or younger

·         Are a carer (under the Carer Recognition Act 2010)

·         Have a disability

·         Are 55 or older

·         Are pregnant

·         Are experiencing family and domestic violence

·         Provide care or support to an immediate family or household member who is experiencing family and domestic violence.

Response to a FWA Request

Once an employee makes a written request for a flexible working arrangement, the employer must respond in writing within 21 days.

The response must indicate either:

a) That your request is granted

b) That, after a discussion, an agreement has been reached for a change in your working arrangements that differs from the initial request

c) That the request has been refused, along with the reasons for refusal (subject to certain conditions).

Grounds for Refusal

The employer can only refuse your request after:

a) Discussing the request with you and genuinely trying to reach an agreement

b) Considering the consequences of the refusal for you, the employee

c) Stating that the refusal is based on reasonable business grounds.

Reasonable Business Grounds

Some of the reasons that might justify refusal include:

a) The proposed new working arrangements would be too costly

b) There's no capacity to change other employees' working arrangements to accommodate your request

c) The proposed changes would likely lead to a significant loss in efficiency, productivity, or customer service.

Explanation of Grounds for Refusal

If the employer refuses the request, they must:

a) Detail the reasons for the refusal

b) Specify their business grounds for refusal and explain how these grounds apply to the request

c) Propose alternative changes in working arrangements that would accommodate your circumstances to some extent, or state that there are no such changes.

What you can do if your request is refused

If you believe that your employer has unreasonably refused to accommodate your responsibilities as a parent or carer, here are steps you can take:

1. Talk to your employer: You can start by discussing your needs and responsibilities with your employer or supervisor. It can be helpful to propose specific adjustments or accommodations that would assist you.

2.      Seek support from your union: If discussions with your employer don't lead to a satisfactory outcome, contact your IEU Organiser. We can provide you with advice and support and potentially represent you in further discussions with your employer.

FWA rights in your Enterprise Agreement

Your Agreement may contain additional rights for part-time or flexible work. For instance, the new Victorian Catholic Agreement grants an employee returning to work from parental leave the right to work part-time in one or more periods at any time from their return to work until the child reaches school age.

Reasonable Adjustments

Under the Victorian Equal Opportunity Act 2010, it is against the law for employers to discriminate against an employee because of their disability. This applies to all stages of employment, including recruitment, returning to work, dismissal, and terms and conditions of work.

Understanding Reasonable Adjustments

'Reasonable adjustments' refer to measures or alterations to the workplace, job role, work hours, or other working conditions that help accommodate an employee with a disability. These adjustments can enable an employee to perform their job effectively and safely. Examples include modifying work premises for easier access, such as installing ramps, handrails, or elevators; and altering work hours to allow for medical appointments or treatment.

Requesting Reasonable Adjustments

If you require reasonable adjustments due to a disability, the following steps are advisable:

1. Inform your employer about your disability: Let your employer know about your disability and how it impacts your work. This could be a written or verbal communication.

2. Identify potential adjustments: Determine what adjustments might be necessary for you to perform your job effectively. It may be helpful to consult with a medical professional or occupational therapist.

3. Formally request adjustments: Put your request in writing, specifying the adjustments needed and how these would help you in your job. Provide any relevant medical or expert opinions if possible.

4. Engage in an open discussion with your employer: Be open to a dialogue with your employer to discuss the adjustments, their feasibility, and any potential impact on the workplace or team.

Employer’s Duty

Employers must make reasonable adjustments for an employee with a disability unless it would cause 'unjustifiable hardship' to the employer because the changes are too expensive, impractical, or time-consuming.

However, an employer is not obliged to make these adjustments if they are not aware of an employee's disability. That's why it's crucial to communicate your needs openly.

For advice or assistance around making a request for flexible working arrangements or reasonable adjustments, or if your request has been refused, contact the IEU.