The Australian Government’s Secure Jobs, Better Pay amendments to the Fair Work Act have been incrementally rolled out since December last year and will continue through to the end of 2023. It’s not only important to know what’s changing in employment law, but how to use these changes to engage your team.
Let’s get your business prepared for June’s new provisions by understanding the new rules for Flexible Work Arrangements and how we can use these changes to enhance your team engagement and attract great talent to your business. Here's all you need to know about Flexible Work Arrangements for your business – including who is eligible under law, creative ways you can be flexible, and the legal process to comply with the National Employment Standards and Fair Work Act.
Why Flexible Work Arrangements?
With record-low unemployment and high employee turnover, business owners are finding new and creative ways to engage our teams. This includes finding new ways of accommodating requests for flexible work that are tailored to everyone’s unique situation.
Putting in place a Flexible Work Arrangements Policy & Procedure can attract better talent, increase your team diversity, enhance your work culture, increase productivity, and overall reduce the costs of doing business.
It’s not only good business practice to introduce flexible work. For some groups of your employees, if you deny a reasonable request, you’re not only running the risk of losing great talent to your nearest competitor, but in many cases, you may find yourself in front of the Commission for breaching the National Employment Standards (NES).
Who should we be flexible for?
Fair Work has legislated that some specific at-risk groups must be given reasonable accommodations when they formally request flexible work from you. These groups include:
- parents of (or those with responsibility for) a school-aged child or younger,
- carers,
- those with a disability,
- people aged 55 years or older,
- pregnant employees,
- those experiencing violence from a member of their family,
- or those who provide care or support to a member of their family or household who requires care because they are experiencing domestic violence.
While this legislation forces employers to allow flexible work for these specific groups, we highly encourage you to create a workplace that encourages flexible work for all staff so you can attract, retain and grow amazing talent.
I’ve had requests because team members are looking after children, relocating overseas, exacerbating pre-existing injuries at work, or just because some people prefer different styles of work. These requests have each resulted in increases in employee engagement and workplace culture, and in my experience, have been well-worth the investment.
How can we be more flexible?
Let’s get creative, and free ourselves from ‘the way things are usually done’ here. Think about the following:
#1 Creative Contracts
You can engage people to work for your organisation in a variety of ways, and for fixed or ongoing periods. For example, a Full-Time employee can transfer to casual employment for a fixed period, then return to Full Time at a later date. As long as you have the right Agreements in place, you can craft a legal document that gives both you and your employee the assurances you need to consider your short- and longer-term needs.
#2 Short-Term Payroll Solutions
If your employee needs flexibility for the short term, or they’re not sure of their future needs, let’s look at using leave accruals and payroll-based solutions for short term employee needs. Employees can use Paid Leave or Unpaid Leave, they can purchase leave, or apply for a Leave of Absence. These can be agreed in writing, and reviewed at regular intervals and re-assessed based on the needs of your employee and your business.
#3 Redesign How Your Team Works
If you think of your team structure based on how they work, rather than the tasks they perform, we open ourselves up to new opportunities. A team can be made up of Full Timers, Part Timers, Casuals, Contractors, Job-Sharers, split shifts, compressed hours, remote employees, and those who work on different schedules. Take a strategic look at your team design and see how you can use these arrangements, and review at regular intervals.
How do we approach requests for Flexible Work?
When someone asks you for Flexible Work Arrangements, we recommend having a structured Policy and Procedure in place. This will not only make sure you comply with the National Employment Standards and the July 2023 Secure Jobs, Better Pay amendments, but applies its principles to everyone’s requests.
Under the legislation and for our at-risk groups above, you must:
actively discuss the request with the employee. Don’t forget to make records of these conversations. Summarise your points in an email, and let them know the next steps.
make a genuine effort to find alternative arrangements to accommodate the employee’s circumstances. This means investigating, running the numbers, and considering their request from all angles.
consider the consequences of refusing their request. What message does this send to your team, to potential new recruits, and to the diversity and productivity of your team.
respond within 21 days in writing. If your response is a no, you must include:
an explanation of your reasonable business grounds for refusing the request,
other flexibility options that you can offer, or that none are available.
information about referring a dispute to the Fair Work Commission.
Conclusion
Flexible Work Arrangements should not be an afterthought if you want your business to succeed. We recommend you put in place a Flexible Work Arrangements Policy & Procedure in your business. This will not only make sure you comply with legislation but will guide your response to all requests and signal to your current and potential team that you actively listen to their needs.
Take a look at the design of your team structures, and think to yourself: how can I change our Ways of Work to increase my team’s engagement and productivity, and attract employee groups that otherwise would not consider working for me?
Call us at JAR Consultants for advice on any of the above topics, or changes in legislation that you not only want to prepare for but use to create a great place to work.
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