Request for Flexible Working Arrangements. 8.10.1 Team members can make a written request to BIG W to change their working arrangements due to the following circumstances: (a) the team member is the parent, or has responsibility for the care, of a child who is of school-age or younger; (b) the team member is a carer; (c) the team member has a disability; (d) the team member is 55 or older; (e) the team member is experiencing violence from a member of the team member’s family; (f) the team member provides care or support to a member of their immediate family, or a member of their household, who requires care or support because they are experiencing violence from another member their family. 8.10.2 A team member is not entitled to make the request unless: (a) the team member has completed at least 12 months of continuous service with BIG W immediately before making the request; and (b) if the team member is casual, they have a reasonable expectation of continuing employment by BIG W on a regular and systematic basis. 8.10.3 Before responding to a request, BIG W must discuss the request with the team member and genuinely try to reach agreement on a change in working arrangements that will reasonably accommodate the team member’s circumstances having regard to: (a) the needs of the team member arising from their circumstances; (b) the consequences for the team member if changes in working arrangements are not made; and (c) any reasonable business grounds for refusing the request. 8.10.4 BIG W must provide the team member with a written response to the request within 21 days, stating whether the request is granted or refused. 8.10.5 If BIG W refuses the request, the written response must include details of the reasons for the refusal, including the business grounds for the refusal and how the grounds apply. 8.10.6 If BIG W and the team member reach an agreement under a change in working arrangements that differs from that initially requested by the team member, BIG W will provide the team member with a written response to their request setting out the agreed change(s) in working arrangements. 8.10.7 If BIG W and the team member could not agree on a change in working arrangements in accordance with 8.10.2, the written response must: (a) state whether or not there are any changes in working arrangements that BIG W can offer the team member to better accommodate their circumstances; and (a) if BIG W can offer the team member such changes in working arrangements, set out those changes in working arrangements. 8.10.8 BIG W may only refuse the request on reasonable business grounds which include the following: (a) that the request would be too costly or likely to result in a significant loss in efficiency or productivity; (b) that there is no capacity, or it is impractical, to change the working arrangements of other team members, or recruit new team members, to accommodate the request; (c) that the request would be likely to have a significant negative impact on customer service.
Appears in 1 contract
Sources: Stores Agreement
Request for Flexible Working Arrangements. 8.10.1 Team members Members can make a written request to BIG W to change their working arrangements due to the following circumstances:
(a) the team member is the parent, or has responsibility for the care, of a child who is of school-school age or younger;
(b) the team member is a carer;
(c) the team member has a disability;
(d) the team member is 55 or older;
(e) the team member is experiencing violence from a member of the team member’s family;
(f) the team member provides care or support to a member of their immediate family, or a member of their household, who requires care or support because they are experiencing violence from another member their family.
8.10.2 A team member Team Member is not entitled to make the request unless::
(a) the team member has completed at least 12 months of continuous service with BIG W immediately before making the request; and
(b) if the team member Team Member is casual, casual they have a reasonable expectation of continuing employment by BIG W on a regular and systematic basis.
8.10.3 Before responding to a request, BIG W must discuss the request with the team member and genuinely try to reach agreement on a change in working arrangements that will reasonably accommodate the team member’s circumstances having regard to:
(a) the needs of the team member arising from their circumstances;
(b) the consequences for the team member if changes in working arrangements are not made; and
(c) any reasonable business grounds for refusing the request.
8.10.4 BIG W must provide the team member with a written response to the request within 21 days, stating whether the request is granted or refused.
8.10.5 If BIG W refuses refuse the request, the written response must include details of the reasons for the refusal, refusal including the business grounds for the refusal and how the grounds apply.
8.10.6 If BIG W and the team member reach an agreement under a change in working arrangements that differs from that initially requested by the team member, BIG W will provide the team member with a written response to their request setting out the agreed change(s) in working arrangements.
8.10.7 If BIG W and the team member could not agree on a change in working arrangements in accordance with 8.10.2, the written response must:
(a) state whether or not there are any changes in working arrangements that BIG W can offer the team member to better accommodate their circumstances; and
(a) if BIG W can offer the team member such changes in working arrangements, set out those changes in working arrangements8.
8.10.8 BIG W may only refuse the request on reasonable business grounds which include the following:
(a) that the request would be too costly or likely to result in a significant loss in efficiency or productivity;
(b) that there is no capacity, or it is impractical, to change the working arrangements of other team members, or recruit new team members, to accommodate the request;
(c) that the request would be likely to have a significant negative impact on customer service.
Appears in 1 contract
Sources: Employment Agreement
Request for Flexible Working Arrangements. 8.10.1 8.11.1 Team members can make a written request to BIG W to change their working arrangements due to the following circumstances:
(a) the team member is pregnant
(b) the team member is the parent, or has responsibility for the care, of a child who is of school-school age or younger;
(bc) the team member is a carer;
(cd) the team member has a disability;
(de) the team member is 55 or older;
(ef) the team member is experiencing violence from a member of the team member’s familyfamily and domestic violence;
(fg) the team member provides care or support to a member of their immediate family, or a member of their household, who requires care or support because they are experiencing violence from another member their familyfamily and domestic violence.
8.10.2 8.11.2 A team member is not entitled to make the request unless:
(a) the team member has completed at least 12 months of continuous service with BIG W immediately before making the request; and
(b) if the team member is casual, they have a reasonable expectation of continuing employment by BIG W on a regular and systematic basis.
8.10.3 Before responding to a request, BIG W must discuss the request with the team member and genuinely try to reach agreement on a change in working arrangements that will reasonably accommodate the team member’s circumstances having regard to:
(a) the needs of the team member arising from their circumstances;
(b) the consequences for the team member if changes in working arrangements are not made; and
(c) any reasonable business grounds for refusing the request.
8.10.4 8.11.3 BIG W must provide the team member with a written response to the request within 21 days, stating whether the request is granted granted, refused or refusedany agreed change(s) to the team member’s working arrangements following an agreement being reached in accordance with clause 8.11.4 that differs from that set out in the request.
8.10.5 If 8.11.4 If, following a discussion between BIG W refuses and the requestteam member, the written response must include details of the reasons for the refusal, including the business grounds for the refusal and how the grounds apply.
8.10.6 If BIG W and the team member reach an agreement under about a change in working arrangements that differs from that initially requested by the team member, BIG W will must provide the team member with a written response to their request setting out the agreed change(s) in working arrangements.
8.10.7 If 8.11.5 BIG W may refuse a request only if:
(a) BIG W has:
(i) discussed the request with the team member; and
(ii) genuinely tried to reach an agreement with the team member about making changes to the team member’s working arrangements to accommodate the circumstances referred to in clause 8.11.1;
(b) BIG W and the team member could have not agree reached such an agreement;
(c) BIG W has had regard to the consequences of the refusal for the team member; and
(d) the refusal is on a change in working arrangements in accordance with 8.10.2reasonable business grounds.
8.11.6 If BIG W refuses the team member’s request, the written response under clause 8.11.3 must:
(a) include details of the reasons for refusal;
(b) set out BIG W’s particular business grounds for refusing the request;
(c) explain how those grounds apply to the request; and
(d) either:
(i) state whether or not there are any changes in working arrangements (other than the changes requested in accordance with clause 8.11.1 or those discussed in accordance with clause 8.11.4) that BIG W can offer the team member to better accommodate their circumstancescircumstances and set out any changes in working arrangements that can be offered; or
(ii) state that there are no such changes; and
(ae) if BIG W can offer the team member such changes in working arrangements, set out those changes in working arrangementsthe dispute resolution options under sections 65B and 65C of the Fair Work Act.
8.10.8 BIG W may only refuse the request on 8.11.7 Without limiting what are reasonable business grounds which for the purposes of clause 8.11.5 (d),reasonable business grounds for refusing a request include the following:
(a) that the request would be too costly or likely to result in a significant loss in efficiency or productivity;
(b) that there is no capacity, or it is impractical, to change the working arrangements of other team members, or recruit new team members, to accommodate the request;
(c) that the request would be likely to have a significant negative impact on customer service.
8.11.8 The dispute resolution options available under sections 65B and section 65C of the Fair Work Act, will apply to the extent of any inconsistency in relation to a dispute raised under clause 21.
Appears in 1 contract
Sources: Enterprise Agreement