Why employers should be bending over backwards to create flexible working conditions

In recent times there has been a flurry of media articles touting the employer line about the need to get people back into the office – that the days of working from home (WFH) are over.

WFH is just one of the flexible working options available to many public sector employees.

While WFH was forced on many workers as the COVID-19 pandemic took hold between 2020 and 2022, some found that the new paradigm actually suited them. They were able to achieve their work outcomes and also improve their work/life balance.

More flexible working options is an example of how the workplace has evolved and something that is worth fighting for as it signals a maturity in the workplace.

On the topic of flexible working arrangements, the Commissioner for Public Sector Employment’s Determination 8 – Implementing Flexibility states that:

“Delegates will objectively consider any flexibility request from an employee against the impact on service delivery and organisational imperatives. The focus should remain on whether the arrangements can be supported rather than the reason for the application.

Consideration should be given to whether alternative arrangements such as job redesign, job share or technology could practically be utilised to support the request.”

While any worker can request flexible working arrangements – and it can be an individual arrangement between an individual employee and their employer – the Federal Fair Work Act (which covers employees on Federal Awards) provides for a legal requirement for employers to consider flexible working arrangements for those who are full-time or part-time employees, who have worked for the same employer for at least 12 months and are:

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

• a carer (under the Carer Recognition Act 2010)

• a person with disability

• age 55 or older

• pregnant

• experiencing family and domestic violence, or

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

Similarly, the South Australian Government has firmly nailed its colours to the mast when it comes to flexible work in this state’s public sector.

The Commissioner for Public Sector Employment (CPSE) Determination And Guideline: Flexible Workplace states:

“In line with the Directions of the Premier: Flexibility for the Future, prior to advertising for any vacancy, serious and positive consideration must be given to whether, and if so, how the role can be redesigned to enable access to flexible working arrangements, including, but not limited to part time or job share. All positions must be advertised to include the following statement about the availability of workplace flexibility: The South Australian public sector promotes diversity and flexible ways of working including part-time. Applicants are encouraged to discuss the flexible working arrangements for this role.”

And this view is reiterated in the CPSE document Flexibility At Work: Information For Managers And Employees:

“Our approach to flexibility is underpinned by the Public Sector Values and the Code of Ethics for Public Sector employees.

It is also consistent with the Public Sector Act 2009, the Government’s ‘All Roles Flex’ policy and the Flexibility for the Future initiative, which is open to employees at all levels.

“To achieve our vision we need different approaches to how we manage our work, ourselves and our business to succeed. This resource, which will be regularly updated, is designed to give you practical support and guidance if you are seeking flexible arrangements or are responsible for implementing flexible arrangements in your team. We are committed to asking “if not, why not?” I encourage you to think about how flexible working arrangements could benefit you and your team.”

It is generally accepted that flexible working arrangements can be defined in a number of ways, with the aim being to better balance an employee’s work with other aspects of their lives. The Federal Fair Work Commission cites some common examples as:

• flexible start and finish times

• compressed hours (working more hours each day, but over fewer days)

• changing from full-time to part-time or casual work

• job sharing

• flexible rostering

• working from home or another location

• ‘purchasing’ extra paid leave

• unpaid leave

• taking rostered days off as two half days

• time off in lieu

• flexitime (allowing employees to ‘bank’ extra hours which are then exchanged for time off)

• gradual increase or decrease in work hours (for example, after parental leave, or as an employee transitions to retirement).

Clause 13 (‘Worklife Flexibility’) of the South Australian Public Sector Enterprise Agreement: Salaried 2021 provides further guidance around workers’ rights to flexible working arrangements, and specifically states in Clause 13.2 that: “Agencies will promote and improve the awareness of Voluntary Flexible Working Arrangements (VFWAs).”

And Clause 23.1 (‘Workplace Flexibility’) states that: “The parties agree that an agency may negotiate and reach agreement at a workplace level with employees within that workplace (including an individual employee), on more flexible employment arrangements that will better meet the operational needs of the workplace having regard to the needs of employees (including taking into account employees’ family and other nonwork responsibilities).”

While some in the media may be campaigning to reduce workers’ rights to flexible employment conditions, research targeted at management clearly illustrates the benefits to both employers and employees.

A July 2023 article published on www.forbes.com¹ provides employers with evidence-based strategies for employee retention. Three of the top four strategies involved greater flexibility for employees, namely:

• Let your employees work from home

• Provide flexible scheduling and reduced workdays

• Encourage and promote a work-life balance

The Australian Government’s Workplace Gender Equality Agency (WGEA) has released a business case for flexible work, which states that:

Attracting and retaining diverse talent is crucial to future-proofing the workplace and the Australian economy more broadly. Making workplaces more flexible and responsive to the needs of employees is a key way of doing this.

The business case highlights flexible work as a retention strategy and also a practice that will yield:

• increased employee wellbeing and happiness

• improved organisational productivity

• an increased proportion of women in leadership

• future-proofing of the workplace.

It cites that the proportion of Australian organisations in the private sector with flexible working strategies has now exceeded 78 per cent. Access to flexible working arrangements is also a key requirement to receive an Employer of Choice for Gender Equality citation from the agency.

KEY POINTS

• All public sector employees have a right to request flexibility.

• Agencies are encouraged to give positive consideration to any request from employees, including executives, provided it is practicable and appropriate.

• Flexibility can be applied to an employee’s pattern of work, hours of work, or their work location.

• Not all types of flexibility will work for every role. If a requested flexible working arrangement cannot be accommodated because of the nature of the role, the manager and employee should work together to determine if different flexible arrangements will work.

Source: Flexibility at Work: Information for Managers and Employees

¹ Crail , Chauncey, “15 Effective Employee Retention Strategies In 2024,” www.forbes.com, 13 July 2023, https://www.forbes.com/advisor/ business/employee-retention-strategies/.