Flexible Work Arrangements

Why Flexible Work Arrangements are Hyped and Trending

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What does flexibility actually mean? It’s a buzzword that’s being used more and more in workplace conversations by both companies and employees. Flexibility in the workplace is when modifications are made to how, when, or where a person works to satisfy the needs of an individual, a business, or in some circumstances, both.

The Truth about Flexibility

Some business owners define flexibility as nothing more than working extended hours to accommodate clients or consumers from various places or industries, or opening on weekends or holidays to draw in more people. For others, it can entail hiring temporary workers to bolster a permanent workforce or requiring current employees to put in more hours. In our post COVID-affected world, flexibility has become increasingly evident, with many employees developing hybrid positions and working from home to allow for flexibility both inside and outside of the workplace.

Wages and Payment in Flexibility

You must pay your personnel fairly, regardless of how your business is run, even while working flexibly. For instance, working before, after, or on the weekend may result in fines or overtime charges. How will you maintain track of an employee’s working hours if you allow them to work remotely? Are you fulfilling your commitments for the minimal engagement duration if you give your employees the freedom to work whenever they choose, for example, on a results-based system?

Before ordering or approving a flexible work arrangement, these aspects must be taken into account. The best course of action is to review the employee’s contract as well as any relevant modern award or enterprise agreement to see if there are any remuneration implications of workplace flexibility.

As everyone is aware, failing to pay the correct minimum entitlements under an enterprise agreement or modern award can result in severe fines under the Fair Work Act (FW Act 2009).

Working Conditions for Flexibility

The employees themselves may request flexible working conditions from you, such as a reduction in hours, a later start time, or the option to work from home. The following employees have the right to ask for a change in their working conditions under the FW Act’s National Employment Standards (NES):

  • a guardian or parent of a young child who is at school;
  • a caregiver as defined by the 2010 Carer Recognition Act;
  • a disabled individual;
  • a person who has reached the age of 55;
  • a person who is being abused by a family member of the employee; and
  • an individual who offers care or assistance to a member of the employee’s household or immediate family who needs it due to violence they are facing at the hands of a family member.

To be qualified to make a flexible work request, the employee must have worked for you for at least 12 months continuously or be a long-term casual employee with a reasonable expectation of ongoing employment on a regular and systematic basis.

A request for flexible working hours from one of these employees must be taken into consideration, and you must respond in writing within 21 days to say whether you accept or reject the request. Additional procedural requirements, such as the necessity to truly attempt to achieve an agreement on a change before rejecting a request, may be imposed by a modern award or enterprise agreement.

Can Flexibility Requests Be Denied?

You may decline a request for flexible working arrangements from an eligible employee only on reasonable business grounds, such as that granting the request would be financially or logistically impossible, or that it would have a major impact on productivity or customer service, and you must state your reasons for refusal in your response. It must be more than just annoying or unwelcome.

But what if a request is made by a worker who doesn’t meet the aforementioned requirements? Although they have no legal need to have their request taken into account in this situation, we advise doing so out of a sense of good judgment. In order to foster a culture of mutual flexibility and to ensure that your staff feel appreciated and heard, it may be worthwhile to take a minute to examine whether such a request is feasible for your company. After all, they’re more likely to reject your pleas for flexibility if you reject theirs. Additionally, it will lessen the possibility of employee claims, such as those based on discrimination.

In the case of employees who are working from home, you should get more insight as to why they are sending such requests before approving or denying flexibility arrangements. Objectivity will be your friend and your employees will need to give you a good reason more than mere convenience.

If you need help in building a solid system and ensuring that your protocols and processes are compliant for flexible working arrangements, contact Clyde Industrial now.

Let us help you. We’re ready!

info@clydeindustrial.com.au

1800 954 696