Council supports flexibility in work arrangements that meet the needs of both you and your business unit.
Our Flexible and Hybrid Work Policy provides information about current hybrid work arrangements and general requests for flexibility. In addition, it covers the legislated right of certain individuals to request flexible work arrangements and how these must be responded to, by law.
Examples of flexible work arrangements
- Remote work
- Flexible start/finish times - for example, changing start or finish times to accommodate personal or family commitments.
- Part time hours - less than full time hours over the short or medium term or even on a permanent basis.
- Flexible or compressed hours - such as working longer days to provide for a shorter working week (ongoing arrangements may take the form of 48/52).
- Job share
- Graduated return to work to allow an employee to return to work part-time, gradually building up to full-time hours by an agreed date (for example after Parental Leave or extended Sick Leave).
- Purchased leave such as 48/52 - where employees purchase extra weeks of leave per year and their pay reduces by the corresponding value
- Phased retirement
Legislation
Some staff members who have worked for Council for at least 12 months also have the right to request flexible working arrangements. The right to request flexible working arrangements under the Fair Work Act 2009 applies to the following individuals. Those who-
- 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 violence from a member of their family, or
- provide care or support to a member of their immediate family or household, who requires care or support because they are experiencing violence from their family.
- are pregnant
Some casual employees also have the legislated right to request flexible working arrangements if they meet the requirements above, if -
- they've been working for Council regularly/systematically for at least 12 months
- there's a reasonable expectation of continuing work with Council on a regular and systematic basis
In accordance with the Act, the employee must make their request in writing, explaining what changes are being asked for and the reasons for the requested change. We encourage you to have a preliminary discussion with your supervisor before putting the request in writing.
There is no requirement for your manager to agree to your request for flexible work arrangements. However, before refusing any request, your manager must:
- discuss the request with you
- make a genuine effort to find alternative arrangements to accommodate your circumstances
- consider the consequences of refusal for you
- provide you with a response, in writing, within 21 days of the date of your request. Their response must include an explanation of the reasonable business grounds for refusal and how these grounds apply to your request. They must also outline other changes they are willing to make that would accommodate your circumstances or, alternatively, states there aren’t any changes that can be made. You are also to be provided with information about referring a dispute to the Fair Work Commission after attempts to resolve the dispute within the workplace.
This is a complex area. You are encouraged to find out more by visiting the Fair Work Ombudsman website, reading the Fair Work Ombudsman's fact sheet on requests for flexible working arrangements or discuss with Organisational Development.
Resources
Fair Work Australia - online learning course - Workplace Flexibility (links to PULSE eLearning)
Fair Work Australia - Individual Flexibility Arrangements
Policy - Flexible Work Options
Form - Flexible Work Arrangement: Manager Evaluation & Response - 60 KB
Form - Flexible Work Arrangement: Proposal - 64.2 KB
