Common use of Flexible Working Arrangements Clause in Contracts

Flexible Working Arrangements. ‌ (a) The NES provides particular Employees with an entitlement to request a flexible working arrangement. (b) Employees who have worked for the Employer for at least 12 months can request flexible working arrangements if they: (i) are the parent, or have responsibility for the care, of a child who is school aged or younger; (ii) are a carer (under the Carer Recognition Act 2010 (Cth)); (iii) have a disability; (iv) are 55 years of age or older; (v) are experiencing family and domestic violence; (vi) are pregnant; or (vii) provide care or support to a member of their household or immediate family who requires care or support because the member is experiencing family and domestic violence. (c) The Employee is not entitled to make the request unless: (i) for an Employee other than a casual Employee – the Employee has completed at least 12 months of continuous service with the Employer immediately before making the request; and (ii) for a casual Employee – the Employee: (A) is a regular casual Employee (as defined in the Act) of the Employer who has been employed on that basis for a sequence of periods of employment during a period of at least 12 months immediately before making the request; and (B) has a reasonable expectation of continuing employment by the Employer on a regular and systematic basis. (d) The request must: (i) be in writing; and (ii) set out details of the change sought and of the reasons for the change. (e) The Employer must give the Employee a written response to the request within 21 days, stating whether the Employer grants or refuses the request. If the request is refused, the written response must include details of the reasons for the refusal. (f) The further details of flexible working arrangement requests, including the process for the Employer to follow for considering and before responding to a flexible working arrangement request, and the requirements for the Employer’s written response if the request is refused or if a different change in working arrangement is agreed, will be in accordance with the NES. (g) A dispute relating to a refusal by the Employer to a flexible working arrangement request made by an Employee under s.65(1) of the Act, or a failure by the Employer to provide a written response under s.65A of the Act within 21 days of the Employee making the request, will be handled in accordance with clause 6 (Resolution of Disputes).

Appears in 2 contracts

Sources: Enterprise Agreement, Enterprise Agreement

Flexible Working Arrangements. (a) The NES provides particular Employees An employee with an entitlement to request a flexible working arrangement. (b) Employees who have worked for the Employer for at least 12 months can request flexible working arrangements if theycontinuous service who: (i) are Is a parent or guardian, and/or has the parent, or have responsibility for the care, of a child who is school aged age or younger; (ii) are Is a carer (under as defined in the Carer Recognition Act 2010 (Cth2010)); (iii) have Has a disability; (iv) are Is 55 years of age or older; (v) are Is experiencing family and or domestic violenceviolence (12 months continuous service not required); (vi) are pregnantIs caring for or supporting an immediate family member or household member who requires care or support because of family or domestic violence; or (vii) provide care or support Is pregnant (12 months continuous service not required). (b) May make a request in writing to Sedco Forex for a member change in working arrangements. This could include changes to hours of their household or immediate family who requires care or support because the member is experiencing family work, patterns of work and domestic violencechanges in location of work. (c) To be eligible an employee must have at least 12 months’ continuous service. (d) Requests from the employee need to be in writing. The Employee is only reason Sedco Forex will not entitled agree to make the request unlessis on reasonable business grounds. (e) Sedco Forex will provide a response to any request within 21 days. (f) Before responding to a request for a flexible working arrangement, Sedco Forex will discuss the request with the employee and genuinely try to reach agreement on a change in working arrangements that will reasonably accommodate the employee’s circumstances having regard to: (i) The needs of the employee arising from their circumstances; (ii) The consequences for the employee if changes in working arrangements are not made; and (iii) Any reasonable business grounds for refusing the request. (g) If Sedco Forex is unable to accommodate the request and has not reached an Employee other than a casual Employee – the Employee has completed at least 12 months of continuous service agreement with the Employer immediately before making employee the requestwritten response to the employee will include: (i) Details of the reasons for the refusal, including the business ground or grounds for the refusal and how the ground or grounds apply; and (ii) for a casual Employee – Whether or not there are any changes in working arrangements that Sedco Forex can offer the Employee: (A) is a regular casual Employee (employee so as defined in to better accommodate the Act) of the Employer who has been employed on that basis for a sequence of periods of employment during a period of at least 12 months immediately before making the requestemployee’s circumstances; and (Biii) has a reasonable expectation of continuing employment by If Sedco Forex can offer the Employer on a regular and systematic basisemployee such changes in working arrangements, set out those proposed changes in working arrangements. (dh) The Where Sedco Forex and the employee reach an agreement in working arrangements that differs from that initially requested by the employee, then Sedco Forex will provide the employee with a written response to their request must:setting out the agreed change or changes in working arrangements. (i) be in writing; and (ii) set out details of An employee may use the change sought Dispute Resolution Procedure if they do not agree with how Sedco Forex has discussed and of the reasons for the change. (e) The Employer must give the Employee a written response responded to the request within 21 days, stating whether the Employer grants or refuses the request. If the request is refusedmatter remains unresolved, the written response must include details of FWC may deal with the reasons for the refusal. dispute by arbitration (f) The further details of flexible working arrangement requests, including the process for the Employer to follow for considering and before responding to a flexible working arrangement request, and the requirements for the Employer’s written response if the request is refused or if a different change in working arrangement is agreed, will be in accordance with the NES. (g) A dispute relating to a refusal by the Employer to a flexible working arrangement request made by an Employee under s.65(1) section 65C of the Act, or a failure by the Employer to provide a written response under s.65A of the Act within 21 days of the Employee making the request, will be handled in accordance with clause 6 (Resolution of Disputes).

Appears in 1 contract

Sources: Enterprise Agreement

Flexible Working Arrangements. (a) The NES provides particular Employees with an entitlement to request a flexible working arrangement. (b) Employees who have worked Requests for the Employer for at least 12 months can request flexible working arrangements if theyare provided for in the NES. The following are the circumstances for flexible work requests under the Act: (i) are the employee is the parent, or have has responsibility for the care, of a child who is of school aged age or younger; (ii) are the employee is a carer (under within the meaning of the Carer Recognition Act 2010 (Cth)2010); (iii) have the employee has a disability; (iv) are the employee is 55 years of age or older; (v) are the employee is experiencing family and domestic violenceviolence from a member of the employee’s family; (vi) are pregnant; or (vii) provide the employee provides care or support to a member of their household the employee’s immediate family, or immediate family a member of the employee’s household, who requires care or support because the member is experiencing family and domestic violenceviolence from the member’s family. (cb) The Employee is not entitled In accordance with the NES, the employer will provide the employee with a written response to make the request unlessfor a flexible working arrangement within 21 days, stating whether the employer grants or refuses the request. The Employer is only able to refuse a request for a flexible working arrangement in circumstances where the Employer has: (i) for discussed the request with the Employee; (ii) genuinely tried to reach an Employee other than a casual Employee – agreement with the Employee has completed at least 12 months of continuous service with about making changes to the Employer immediately before making Employee’s working arrangements to accommodate the Employee’s circumstances that have given rise to the request, but no such agreement has been reached; (iii) considered the consequences of their refusal on the Employee; (iv) refused the request on reasonable business grounds; and (iiv) for a casual Employee – in the written response to the Employee: (A) is a regular casual Employee (as defined in the Act) of the Employer who has been employed on that basis for a sequence of periods of employment during a period of at least 12 months immediately before making the request; and (B) has a reasonable expectation of continuing employment by the Employer on a regular and systematic basis. (d) The request must: (i) be in writing; and (ii) set out details of the change sought and of the reasons for the change. (e) The Employer must give the Employee a written response to the request within 21 days, stating whether the Employer grants or refuses the request. If the request is refused, the written response must include included details of the reasons for the refusal.; (fB) The further details of flexible explained the particular business grounds for refusing the request and how they apply to the Employee’s request; (C) set out alternative changes (if any) to the Employee’s working arrangement requests, including the process for arrangements that the Employer is willing to follow for considering and before responding make to a flexible working arrangement accommodate the Employee’s circumstances that have given rise to the request, and the requirements for the Employer’s written response if the request is refused or if a different change in working arrangement is agreedstate that there are not such changes; and (D) explained that, will be in accordance with the NES. sections 65B (gDisputes) A dispute relating to a refusal by the Employer to a flexible working arrangement request made by an Employee under s.65(1and 65C (Arbitration) of the Act, or a failure by where there is dispute in relation to the Employer to provide a written response under s.65A Employer’s refusal of the Act within 21 days flexible work request, in the first instance the parties must attempt to resolve the matter at the workplace by discussions between the parties and if the dispute remains unresolved then it may be referred to the FWC for resolution, which may be by arbitration. (c) Where an Employee wishes to make a request to return to work on a part-time basis after a period of Parental Leave, such a request must be made as soon as possible but no less than seven weeks prior to the date upon which the Employee making the request, will be handled in accordance with clause 6 (Resolution of Disputes)is due to return to work from parental leave.

Appears in 1 contract

Sources: Health Professionals and Pastoral Care Enterprise Agreement

Flexible Working Arrangements. ‌ (a) The NES provides particular Employees with an 30.1 Menzies has a commitment to supporting all its employees in balancing their work and life commitments. To this end any employee may make a written request for flexible working arrangements. ▇▇▇▇▇▇▇ acknowledges that certain employees have a legal entitlement to request a flexible working arrangement. (b) arrangements under the Fair Work Act. Employees who have this legal entitlement include continuing and non-continuing employees who have worked for with the Employer employer for at least 12 months can and regular casual employees who have worked with the employer for at least 12 months and have a reasonable expectation of continuing employment on a regular and systematic basis. An employee may request flexible working arrangements if because they: (ia) are the parent, or have responsibility for the care, of a child who is of school aged age or younger; (iib) are a carer (under within the meaning of the Carer Recognition Act 2010 (Cth2010)); (iiic) have a disability; (ivd) are 55 years of age or older; (ve) are experiencing family and domestic violence; (vi) are pregnantviolence from a member of their family; or (viif) provide care or support to a member of their household or immediate family or household, who requires care or support because the they are experiencing domestic/family violence (g) have a genuine need for flexible working arrangements, such as for a personal health or family reason (h) employees, or a member is of their immediate family or household, experiencing family and domestic violence (i) employees who are pregnant. 30.2 Examples of changes in working arrangements may include: (a) changes in hours of work (e.g. reduction in hours worked, changes to start/finish times, compressed hours, part-time work), (b) changes in patterns of work (e.g. working ‘split-shifts’ or job sharing arrangements) (c) The Employee is not entitled to make the request unless: changes in location of work (i) for an Employee other than a casual Employee – the Employee has completed at least 12 months of continuous service with the Employer immediately before making the request; and (ii) for a casual Employee – the Employee: (A) is a regular casual Employee (as defined in the Act) of the Employer who has been employed on that basis for a sequence of periods of employment during a period of at least 12 months immediately before making the request; and (B) has a reasonable expectation of continuing employment by the Employer on a regular and systematic basis.e.g. working from home or another location) (d) The request Unpaid leave (e) Time off in lieu 30.3 In making a request, it must: (ia) be in writing; and (iib) set out the details of the change sought and of the reasons reason for the changesuch. (e) The Employer must give 30.4 ▇▇▇▇▇▇▇ will provide the Employee employee with a written response to the request within 21 days, stating whether or not the Employer grants or refuses request is granted. 30.5 ▇▇▇▇▇▇▇ may only refuse a request if: • The request has been discussed with the employee; • genuinely tried to reach an agreement with the employee about making changes; • had regard to the consequences of the refusal for the employee; and • the refusal is on reasonable business grounds. 30.6 ▇▇▇▇▇▇▇ will set out the particular business ground it relies on for refusing the request and explain how those grounds apply to the request in the written response. ▇▇▇▇▇▇▇ must provide an opportunity to discuss the decision with the employee, including discussing alternatives to the request. 30.7 Where there is a dispute arising from the refusal of a flexibility request the employee may access the Dispute Resolution provisions of the Agreement and or be dealt with under section 65B of the Act. If the request is refused, matter cannot be resolved at the written response must include details of workplace level the reasons for employee may refer the refusalmatter to the Fair Work Commission. (f) The further details of flexible working arrangement requests, including the process for the Employer to follow for considering and before responding to a flexible working arrangement request, and the requirements for the Employer’s written response if the request is refused or if a different change in working arrangement is agreed, will be in accordance with the NES. (g) A dispute relating to a refusal by the Employer to a flexible working arrangement request made by an Employee under s.65(1) of the Act, or a failure by the Employer to provide a written response under s.65A of the Act within 21 days of the Employee making the request, will be handled in accordance with clause 6 (Resolution of Disputes).

Appears in 1 contract

Sources: Enterprise Agreement

Flexible Working Arrangements. (a) The NES provides particular Employees with an entitlement are entitled to request a flexible working arrangementemployment arrangements in accordance with the provisions of the NES. (b) Employees who have worked for the Employer for at least 12 months can request flexible working arrangements if they: (i) are the parent, or have responsibility for the care, of a child who is school aged or younger; (ii) are a carer (under the Carer Recognition Act 2010 (Cth)); (iii) have a disability; (iv) are 55 years of age or older; (v) are experiencing family and domestic violencepregnant; (vi) are pregnantexperiencing family and domestic violence; or (vii) provide care or support to a member of their household or immediate family who requires care or support because the member is experiencing family and domestic violence. (c) The Employee is not entitled to make the request unless: (i) for an Employee other than a casual Employee employee – the Employee has completed at least 12 months of continuous service with the Employer immediately before making the request; and (ii) for a casual Employee – the Employee: (A1) is a regular casual Employee (as defined in the Act) of the Employer who has been employed on that basis for a sequence of periods of employment during a period of at least 12 months immediately before making the request; and (B2) has a reasonable expectation of continuing employment by the Employer on a regular and systematic basis. (d) The request must: (i) be in writing; and (ii) set out details of the change sought and of the reasons for the change. (e) The Employer must give the Employee a written response to the request within 21 days, stating whether the Employer grants or refuses the request. If the request is refused, the written response must include details of the reasons for the refusal. (f) The further details of flexible working arrangement requests, including the process for the Employer to follow for considering and before responding to a flexible working arrangement request, and the requirements for the Employer’s written response if the request is refused or if a different change in working arrangement is agreed, will be in accordance with the NES. (g) A dispute relating to a refusal by the Employer to a flexible working arrangement request made by an Employee under s.65(1) of the Act, or a failure by the Employer to provide a written response under s.65A of the Act within 21 days of the Employee making the request, will be handled in accordance with clause 6 11 (Dispute Resolution of DisputesProcedure).

Appears in 1 contract

Sources: Nurses Enterprise Agreement

Flexible Working Arrangements. (a) The NES provides particular Employees A co-worker with an entitlement to request a flexible working arrangement. (b) Employees who have worked for the Employer for at least 12 months can request flexible working arrangements if theycontinuous service who: (i) are Is a parent or guardian, and/or has the parent, or have responsibility for the care, of a child who is school aged age or younger; (ii) are Is a carer (under as defined in the Carer Recognition Act 2010 (Cth2010)); (iii) have Has a disability; (iv) are Is 55 years of age or older; (v) are Is experiencing family and or domestic violenceviolence (12 months continuous service not required); (vi) are pregnantIs caring for or supporting an immediate family member or household member who requires care or support because of family or domestic violence; or (vii) provide care or support Is pregnant (12 months continuous service not required). (b) May make a request in writing to IKEA for a member change in working arrangements. This could include changes to hours of their household or immediate family who requires care or support because the member is experiencing family work, patterns of work and domestic violencechanges in location of work. (c) To be eligible a co-worker must have at least 12 months' continuous service. (d) Requests from the co-worker need to be in writing. The Employee is only reason IKEA will not entitled agree to make the request unlessis on reasonable business grounds. (e) IKEA will provide a response to any request within 21 days. (f) Before responding to a request for a flexible working arrangement, ▇▇▇▇ will discuss the request with the co-worker and genuinely try to reach agreement on a change in working arrangements that will reasonably accommodate the co-worker's circumstances having regard to: (i) The needs of the co-worker arising from their circumstances; (ii) The consequences for the co-worker if changes in working arrangements are not made; and (iii) Any reasonable business grounds for refusing the request. (g) If IKEA is unable to accommodate the request and has not reached an Employee other than a casual Employee – the Employee has completed at least 12 months of continuous service agreement with the Employer immediately before making co-worker the requestwritten response to the co-worker will include: (i) Details of the reasons for the refusal, including the business ground or grounds for the refusal and how the ground or grounds apply; and (ii) for a casual Employee – Whether or not there are any changes in working arrangements that IKEA can offer the Employee: (A) is a regular casual Employee (co-worker so as defined in to better accommodate the Act) of the Employer who has been employed on that basis for a sequence of periods of employment during a period of at least 12 months immediately before making the requestco-worker's circumstances; and (Biii) has a reasonable expectation of continuing employment by If IKEA can offer the Employer on a regular and systematic basisco-worker such changes in working arrangements, set out those proposed changes in working arrangements. (dh) The Where IKEA and the co-worker reach an agreement in working arrangements that differs from that initially requested by the co-worker, then IKEA will provide the co-worker with a written response to their request must:setting out the agreed change or changes in working arrangements. (i) be in writing; and (ii) set out details of A co-worker may use the change sought Issues Resolution Procedure if they do not agree with how ▇▇▇▇ has discussed and of the reasons for the change. (e) The Employer must give the Employee a written response responded to the request within 21 days, stating whether the Employer grants or refuses the request. If the request is refusedmatter remains unresolved, the written response must include details of FWC may deal with the reasons for the refusal. dispute by arbitration (f) The further details of flexible working arrangement requests, including the process for the Employer to follow for considering and before responding to a flexible working arrangement request, and the requirements for the Employer’s written response if the request is refused or if a different change in working arrangement is agreed, will be in accordance with the NES. (g) A dispute relating to a refusal by the Employer to a flexible working arrangement request made by an Employee under s.65(1) section 65C of the Act, or a failure by the Employer to provide a written response under s.65A of the Act within 21 days of the Employee making the request, will be handled in accordance with clause 6 (Resolution of Disputes).

Appears in 1 contract

Sources: Enterprise Agreement

Flexible Working Arrangements. ‌ (a) 62.1 The NES provides particular Employees with an entitlement to request a flexible working arrangement. (b) 62.2 Employees who have worked for the Employer for at least 12 months can request flexible working arrangements if they: (ia) are the parent, or have responsibility for the care, of a child who is school aged or younger; (iib) are a carer (under the Carer Recognition Act 2010 (Cth)); (iiic) have a disability; (ivd) are 55 years of age or older; (ve) are experiencing family and domestic violence; (vif) are pregnant; or (viig) provide care or support to a member of their household or immediate family who requires care or support because the member is experiencing family and domestic violence. (c) 62.3 The Employee is not entitled to make the request unless: (ia) for an Employee other than a casual Employee – the Employee has completed at least 12 months of continuous service with the Employer immediately before making the request; and (iib) for a casual Employee – the Employee: (Ai) is a regular casual Employee (as defined in the Fair Work Act) of the Employer who has been employed on that basis for a sequence of periods of employment during a period of at least 12 months immediately before making the request; and (Bii) has a reasonable expectation of continuing employment by the Employer on a regular and systematic basis. (d) 62.4 The request must: (ia) be in writing; and (iib) set out details of the change sought and of the reasons for the change. (e) 62.5 The Employer must give the Employee a written response to the request within 21 days, stating whether the Employer grants or refuses the request. If the request is refused, the written response must include details of the reasons for the refusal. (f) 62.6 The further details of flexible working arrangement requests, including the process for the Employer to follow for considering and before responding to a flexible working arrangement request, and the requirements for the Employer’s written response if the request is refused or if a different change in working arrangement is agreed, will be in accordance with the NES. (g) 62.7 A dispute relating to a refusal by the Employer to a flexible working arrangement request made by an Employee under s.65(1) of the Fair Work Act, or a failure by the Employer to provide a written response under s.65A of the Fair Work Act within 21 days of the Employee making the request, will be handled in accordance with clause 6 58 (Dispute Resolution of DisputesProcedure).

Appears in 1 contract

Sources: Nursing and Aged Care Enterprise Agreement

Flexible Working Arrangements. 59.1 An Employee (in accordance with clause 59.1.1) may request flexible working arrangements in accordance with the NES. 59.1.1 The Employee is entitled to make the request: (a) The NES provides particular Employees if the Employee (other than casual Employee) has completed at least 12 months of continuous service with an entitlement to request a flexible working arrangement.Epworth immediately before making the request; or (b) Employees who have worked for a casual Employee—the Employer for at least 12 months can request flexible working arrangements if theyEmployee: (i) are is a long-term casual Employee of Epworth immediately before making the request; and (ii) has a reasonable expectation of continuing employment by Epworth on a regular and systematic basis. 59.2 An Employee may request a change in working arrangements because of the Employee's circumstances related to where: (a) the Employee is the parent, or have has responsibility for the care, of a child who is of school aged age or younger; (iib) are the Employee is a carer (under within the meaning of the Carer Recognition Act 2010 (Cth)2010); (iiic) have the Employee has a disability; (ivd) are the Employee is 55 years of age or older; (ve) are the Employee is pregnant; (f) the Employee is experiencing family and domestic violence;; and/or (vig) are pregnant; or (vii) provide the Employee provides care or support to a member of their household the Employee's immediate family, or immediate family a member of the Employee's household, who requires care or support because the member is experiencing family and domestic violence. (c) The Employee is not entitled to make the 59.3 A request unless: (i) for an Employee other than a casual Employee – the Employee has completed at least 12 months of continuous service flexible working arrangements in accordance with the Employer immediately before making the request; and (ii) for a casual Employee – the Employee: (A) is a regular casual Employee (as defined in the Act) of the Employer who has been employed on that basis for a sequence of periods of employment during a period of at least 12 months immediately before making the request; and (B) has a reasonable expectation of continuing employment by the Employer on a regular and systematic basis. (d) The request must: (i) sub-clause 59.2 above must be in writing; and (ii) , set out the details of the change sought and of the reasons for the change. (e) The Employer must . Epworth shall give the Employee a written response to the request within 21 days, stating advising whether the Employer grants request is granted or refuses the request. If refused, and where the request is refused, the written response must will include details of the reasons for the refusal, set out the particular business grounds for refusing the request and explain how those grounds apply to the request. The request will only be refused on reasonable business grounds. (f) 59.4 The further details of flexible working arrangement requests, including the process for the Employer Epworth to follow for considering and before responding to a flexible working arrangement request, and the requirements for the EmployerEpworth’s written response if the request is refused or if a different change in the Employee’s working arrangement arrangements is agreed, will be in accordance with the NES. (g) A dispute relating to a refusal by the Employer to a flexible working arrangement request made by an Employee under s.65(1) of the Act, or a failure by the Employer to provide a written response under s.65A of the Act within 21 days of . This includes Epworth meeting with the Employee making prior to refusing a request, to better understand the Employee's circumstances and, where Epworth does not agree to the request, will Epworth providing any available counter proposals to the Employee in writing. Any agreed arrangement must be handled recorded in accordance writing. 59.5 Where a request for flexible work arrangements is made, an Employee or Epworth is entitled to meet with clause 6 the other party to discuss: (Resolution of Disputes)a) the request; (b) an alternative to the request; or (c) reasons for a refusal on reasonable business grounds.

Appears in 1 contract

Sources: Enterprise Agreement

Flexible Working Arrangements. (a) The NES provides particular Employees with an entitlement are entitled to request a flexible working arrangementemployment arrangements in accordance with the provisions of the NES. (b) Employees who have worked for the Employer for at least 12 months can request flexible working arrangements if they: (i) are the parent, or have responsibility for the care, of a child who is school aged or younger; (ii) are a carer (under the Carer Recognition Act 2010 (Cth)); (iii) have a disability; (iv) are 55 years of age or older; (v) are experiencing family and domestic violencepregnant; (vi) are pregnantexperiencing family and domestic violence; or (vii) provide care or support to a member of their household or immediate family who requires care or support because the member is experiencing family and domestic violence. (c) The Employee is not entitled to make the request unless: (i) for an Employee other than a casual Employee employee – the Employee has completed at least 12 months of continuous service with the Employer immediately before making the request; and (ii) for a casual Employee – the Employee: (A1) is a regular casual Employee (as defined in the Act) of the Employer who has been employed on that basis for a sequence of periods of employment during a period of at least 12 months immediately before making the request; and (B2) has a reasonable expectation of continuing employment by the Employer on a regular and systematic basis. (d) The request must: (i) be in writing; and (ii) set out details of the change sought and of the reasons for the change. (e) The Employer must give the Employee a written response to the request within 21 days, stating whether the Employer grants or refuses the request. If the request is refused, the written response must include details of the reasons for the refusal. (f) The further details of flexible working arrangement requests, including the process for the Employer to follow for considering and before responding to a flexible working arrangement request, and the requirements for the Employer’s written response if the request is refused or if a different change in working arrangement is agreed, will be in accordance with the NES. (g) A dispute relating to a refusal by the Employer to a flexible working arrangement request made by an Employee under s.65(1) of the Act, or a failure by the Employer to provide a written response under s.65A of the Act within 21 days of the Employee making the request, will be handled in accordance with clause 6 9 (Dispute Resolution of DisputesProcedure).. SCHEDULE 1 – EMPLOYMENT CLASSIFICATIONS - NURSES ENROLLED NURSES

Appears in 1 contract

Sources: Enterprise Agreement

Flexible Working Arrangements. 11.1 Section 65 of the Fair Work Act provides that an eligible Employee may request a change in their working arrangements in any of the following circumstances: (a) The NES provides particular Employees with an entitlement to request a flexible working arrangement.the Employee is pregnant; (b) Employees who have worked for the Employer for at least 12 months can request flexible working arrangements if they: (i) are Employee is the parent, or have has responsibility for the care, of a child who is of school aged age or younger;; or (iic) are the Employee is a carer (under within the meaning of the Carer Recognition Act 2010 (Cth)); (iii) have a disability; (iv) are 55 years of age or older; (v) are experiencing family and domestic violence; (vi) are pregnant; or (viid) provide the Employee has a disability; or (e) the Employee is 55 or older; or (f) the Employee is experiencing family or domestic violence; or (g) the Employee provides care or support to a member of their household the Employee’s Immediate Family, or immediate family a member of the Employee’s household, who requires care or support because the member is experiencing family and domestic violence. (c) The Employee is not entitled 11.2 Employees are eligible to make a request under section 65 of the request unlessFair Work Act if: (ia) for an Employee Employees other than a casual Employee – Employees, the Employee has completed at least 12 months of continuous service with the Employer immediately before making the request; andor (iib) for a casual Employees, the Employee – the Employee: (A) is a regular casual Employee (as defined in the Act) of the Employer who has been employed on that basis for a sequence of periods of employment during a period of at least 12 months immediately before making the request; and (B) and who has a reasonable expectation of continuing employment by the Employer on a regular and systematic basis. (d) The . A request must: (i) made under this clause must be made in writing; and (ii) writing and set out details of the change sought and of the reasons for the change. 11.3 Before responding to a request, the Employer must discuss the request with the Employee and genuinely try to reach agreement on a change in working arrangements that will reasonably accommodate the Employee’s circumstances having regards to: (ea) The the needs of the Employee arising from their circumstances; and (b) the consequences for the Employee if changes in working arrangements are not made; and (c) any reasonable business grounds for refusing the request. 11.4 On receipt of a request by an Employee under this clause, the Employer must give the Employee a written response to the request within 21 days, stating whether the Employer grants or refuses the request or, if, following discussion between the Employer and Employee, the Employer and Employee agree to a change to the Employee's working arrangements that differs from that set out in the request. , set out the agreed change. 11.5 The Employer may only refuse the request on reasonable business grounds. 11.6 Without limiting what are reasonable business grounds for the purposes of clause 11.7, reasonable business grounds include any of the following: (a) that the new working arrangements requested by the Employee would be too costly for the Employer; or (b) that there is no capacity to change the working arrangements of other Employees, or recruit new Employees, to accommodate the new working arrangements requested by the Employer; or (c) that it would be impractical to change the working arrangements of other Employees, or recruit new Employees, to accommodate the new working arrangements requested by the Employee; or (d) that the new working arrangements requested by the Employee would be likely to result in a significant loss in efficiency or productivity; or (e) that the new working arrangements requested by the Employee would be likely to have a significant negative impact on customer service. 11.7 If the request is refusedEmployer refuses the request, the written response under clause 11 must include include: (a) details of the reasons for the refusal. (f) The further details of flexible working arrangement requests, including the process business grounds or ground for the refusal and how the ground or grounds apply, and (b) whether or not there are any changes in working arrangements that the Employer can offer the Employee to follow for considering and before responding to a flexible working arrangement request, and better accommodate the requirements for the EmployerEmployee’s written response circumstances; and (c) if the request is refused or if Employer can offer the Employee such changes in working arrangements, set out those changes in working arrangements. 11.8 If the Employer and Employee reached an agreement under clause 11 on a different change in working arrangement is agreedarrangements that differs from that initially requested by the Employee, will the Employer must provide the Employee with a written response to their request setting out the agreed change or changes in working arrangements. 11.9 If the Employer refuses the request, the Employee may bring a dispute under clause 13 of the Agreement and the dispute may be arbitrated by the FWC in accordance with the NES. (g) A dispute relating to a refusal by that clause. This will include disputes about whether the Employer had reasonable business grounds to a flexible working arrangement request made by an Employee under s.65(1) of the Act, or a failure by the Employer to provide a written response under s.65A of the Act within 21 days of the Employee making refuse the request, will be handled in accordance with clause 6 (Resolution of Disputes).

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Sources: Enterprise Agreement