NEW RIGHT TO CHANGE WORK ARRANGEMENTS

work times, and the inability to change rosters to meet their needs.

BY BARBARA NEBART, BRANCH SECRETARY

The right to request flexible working arrangements has been amended to better serve workers and their specific needs.

Prior to the amendment, the employer was able to accept or refuse a request on reasonable business grounds and employees had no means to challenge the decision.

Under the changes, from June 2023, employees are able to challenge the employer’s decision to refuse a request in the Fair Work Commission (FWC).

This important change will ensure employers genuinely try to accommodate an employee’s need to alter their working arrangements.

In 2021, almost 6,500 SDA members were part of a study the SDA commissioned with UNSW to enquire into the challenges experienced when managing family and care resposibilities with their employment needs.

The Challenges of Work, Family and Care report found that high proportions of members face challenges in managing responsibilities outside of work, including providing care, because of unpredictable and unstable rosters, lack of consultation over changing

The SDA has used this study to advocate for strengthened rights for workers, including changes to the flexible working arrangements entitlement, to improve rights to rosters that support members to manage their work and care.

WHO CAN REQUEST A CHANGE TO WORKING ARRANGEMENTS?

From 6 June 2023, permanent employees and casual employees who have worked with the same employer for at least 12 months can request flexible working arrangements if they: l are the parent, or have responsibility for the care, of a child who is school aged or younger l are returning to work after birth or adoption of a child (request can include working part-time instead of full-time) l are a carer (under the Carer Recognition Act 2010) l have a disability l are 55 or older l are pregnant l are experiencing family and domestic violence l provide care or support to a member of their household or immediate family who is experiencing family and domestic violence

WHAT CHANGES CAN YOU REQUEST?

You can request a change in working arrangements, for example: l change in your hours of work, the number of hours and when they are worked l change in the pattern of your work l change in your location of work

HOW DO YOU MAKE A REQUEST?

A request for a change in your working arrangements must be made in writing and set out details of the change sought and the reasons for the change. If your employer doesn’t agree to the change, they may demonstrate, on reasonable business grounds, that they will be unable to accommodate the change. These may include: l they would be too costly for the employer; l they can’t change the working arrangements of other employees to accommodate the request; l the request would result in a significant loss in efficiency or productivity; l there would be a negative impact on customer service.

IF YOUR REQUEST IS REFUSED?

The new provision makes it clear that an employee has a right to appoint the Union to support or represent them to resolve a dispute in relation to a request for a change to their working arrangement. This would apply at the workplace level and with the involvement of the FWC.

If you need any information, advice or assistance please contact your store Delegate or SDA Organiser, or phone the SDA on 1300 732 4357.