REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS. 31.1 An Employee may request change in working arrangements. 31.2 Clause 31 applies where an Employee has made a request for a change in working arrangements under s.65 of the FW Act. 31.3 Before responding to a request made under s.65 of the FW Act, 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 regard to: (a) the needs of the Employee arising from their circumstances; (b) the consequences for the Employee if changes in working arrangements are not made; and (c) any reasonable business grounds for refusing the request. 31.4 Clause 31.4 applies if the Employer refuses the request and has not reached an agreement with the Employee under clause 31.3. (a) The written response under s.65(4) of the FW Act must include details of the reasons for the refusal, including the business ground or grounds for the refusal and how the ground or grounds apply. (b) If the Employer and Employee could not agree on a change in working arrangements under clause 31.3, the written response under s.65(4) of the FW Act must: (i) state whether or not there are any changes in working arrangements that the Employer can offer the Employee so as to better accommodate the Employee’s circumstances; and (ii) if the Employer can offer the Employee such changes in working arrangements, set out those changes in working arrangements. 31.5 What the written response must include if a different change in working arrangements is agreed If the Employer and the Employee reached an agreement under clause 31 on a change in working arrangements that differs from that initially requested by the Employee, the Employer must provide the Employee with a written response to their request setting out the agreed change(s) in working arrangements. 31.6 Disputes about whether the Employer has discussed the request with the Employee and responded to the request in the way required by clause 31, can be dealt with under clause 28—Dispute Settlement Procedure.
Appears in 2 contracts
Sources: Enterprise Agreement, Enterprise Agreement
REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS. 31.1 7.1. An Employee may request change in working arrangements
a. Requests for flexible working arrangements are provided for in the NES.
31.2 Clause 31 applies where an Employee has made a request b. Disputes about requests for a change in flexible working arrangements may be dealt with under s.65 clause 35 - Dispute resolution and/or under section 65B of the FW Act.
31.3 7.2. Responding to the request
a. Before responding to a request made under s.65 of the FW Actsection 65, 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 regard to:
(a) i. the needs of the Employee arising from their circumstances;
(b) ii. the consequences for the Employee if changes in working arrangements are not made; and
(c) iii. any reasonable business grounds for refusing the request.
31.4 b. The Employer will give the Employee a written response to the Employee’s section 65 request within 21 days, stating whether the Employer grants or refuses the request (section 65(4)).
c. If the Employer refuses the request, then the written response must include details of the reasons for the refusal (section 65(6)).
7.3. What the written response will include if the Employer refuses the request
a. Clause 31.4 7.3 applies if the Employer refuses the request and has not reached an agreement with the Employee under clause 31.37.2.
(a) b. The written response under s.65(4section 65(4) of the FW Act must include details of the reasons for the refusal, including the business ground or grounds for the refusal and how the ground or grounds apply.
(b) 7.4. If the Employer and Employee could not agree on a change in working arrangements under clause 31.3, 7.2 then the written response under s.65(4section 65(4) of the FW Act must:
(i) a. state whether or not there are any changes in working arrangements that the Employer can offer the Employee so as to better accommodate the Employee’s circumstances; and
(ii) b. if the Employer can offer the Employee such changes in working arrangements, set out those changes in working arrangements.
31.5 7.5. What the written response must include if a different change in working arrangements is agreed agreed
a. If the Employer and the Employee reached an agreement under clause 31 6.2 on a change in working arrangements that differs from that initially requested by the Employee, then the Employer must provide the Employee with a written response to their request setting out the agreed change(s) in working arrangements.
31.6 Disputes about whether the Employer has discussed the request with the Employee and responded to the request in the way required by clause 31, can be dealt with under clause 28—Dispute Settlement Procedure.
Appears in 1 contract
Sources: Enterprise Agreement
REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS. 31.1 An Employee may request change in working arrangements.
31.2 Clause 31 32.1 This clause applies where an Employee has made a request for a change in working arrangements under s.65 of the FW Act.
31.3 32.2 Before responding to a request made under s.65 of the FW Act, the Employer must discuss the request with the Employee and genuinely try to reach agreement Agreement on a change in working arrangements that will reasonably accommodate the Employee’s circumstances having regard to:
(a) the needs of the Employee arising from their circumstances;
(b) the consequences for the Employee if changes in working arrangements are not made; and
(c) any reasonable business grounds for refusing the request.
31.4 32.3 Clause 31.4 32.3 applies if the Employer refuses the request and has not reached an agreement with the Employee under clause 31.332.2.
(a) The written response under s.65(4) of the FW Act must include details of the reasons for the refusal, including the business ground or grounds for the refusal and how the ground or grounds apply.
(b) If the Employer and Employee could not agree on a change in working arrangements under clause 31.332.2, the written response under s.65(4) of the FW Act must:
(i) state whether or not there are any changes in working arrangements that the Employer can offer the Employee so as to better accommodate the Employee’s circumstances; and
(ii) if the Employer can offer the Employee such changes in working arrangements, set out those changes in working arrangements.
31.5 What the written response must include if a different change in working arrangements is agreed 32.4 If the Employer and the Employee reached an agreement under clause 31 32.2 on a change in working arrangements that differs from that initially requested by the Employee, the Employer must provide the Employee with a written response to their request setting out the agreed change(s) in working arrangements.
31.6 32.5 Disputes about whether the Employer has discussed the request with the Employee and responded to the request in the way required by clause 3132, can be dealt with under clause 28—the Grievance/Dispute Settlement ProcedureProcedure clause.
Appears in 1 contract
Sources: Enterprise Agreement
REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS. 31.1 An Employee may request change in working arrangements.
31.2 45.1 Clause 31 45 applies where an Employee has made a request for a change in working arrangements under s.65 Section 65 of the FW Act.. Responding to the request
31.3 45.2 Before responding to a request made under s.65 of the FW Actclause 45, 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 's circumstances having regard to:
(a) the needs of the Employee arising from their circumstances;
(b) the consequences for the Employee if changes in working arrangements are not made; and
(c) any reasonable business grounds for refusing the request.
31.4 Clause 31.4 applies if 45.3 The Employer must give the Employee a written response to an Employee's request within 21 days, stating whether the Employer grants or refuses the request.
45.4 If the Employer refuses the request and has not reached an agreement with request, the Employee under clause 31.3.
(a) The written response under s.65(4) of the FW Act must include details of the reasons for the refusal, including the business ground or grounds for the refusal and how the ground or grounds apply.
(b) 45.5 If the Employer and the Employee could not agree on a change in working arrangements under clause 31.345, the written response under s.65(4) of the FW Act clause 45.3 must:
(i) state whether or not there are any changes in working arrangements that the Employer can offer the Employee so as to better accommodate the Employee’s 's circumstances; and
(ii) if the Employer can offer the Employee such changes in working arrangements, set out those changes in working arrangements.
31.5 What the written response must include if a different change in working arrangements is agreed 45.6 If the Employer and the Employee reached an agreement under clause 31 46.2 on a change in working arrangements that differs from that initially requested by the Employee, the Employer must provide the Employee with a written response to their request setting out the agreed change(s) in working arrangements.
31.6 45.7 Disputes about whether the Employer has discussed the request with the Employee and responded to the request in the way required by clause 3146, can be dealt with under clause 28—20-Dispute Settlement Procedure.
Appears in 1 contract
Sources: Enterprise Agreement
REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS. 31.1 An Employee 9.6.1 Employees who are eligible for a flexible working arrangement in accordance with the FW Act; may make request a change in working arrangements, including changes to hours of work, changes in patterns of work, and changes in location of work, in accordance with the Act.
31.2 Clause 31 applies where an Employee has made a 9.6.2 The request for a change in working arrangements under s.65 must be in writing and set out details of the FW Actchange requested and the reasons for the change.
31.3 9.6.3 Before responding to a request made under s.65 of the FW Act, the Employer must 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 circumstances, having regard to:
(ai) the The needs of the Employee arising from their circumstances;
(bii) the The consequences for the Employee if changes in working arrangements are not made; and
(ciii) any Any reasonable business grounds for refusing the request.
31.4 Clause 31.4 applies if 9.6.4 If the Employer refuses the request and has not reached an agreement with the Employee under clause 31.3.as per above:
(ai) The written response under s.65(4) of the FW Act must include details of the reasons for the refusal, including the business ground or grounds ground(s) for the refusal and how the ground or grounds ground(s) that apply.; and
(bii) If the Employer and Employee could not agree on a change in working arrangements under clause 31.3, the written response under s.65(4) of the FW Act must:
(i) Either state whether or not there are any changes in working arrangements that the Employer can offer the Employee so as employee to better accommodate the Employee’s circumstances; and
(ii) if the Employer can offer the Employee such changes in working arrangements, their circumstances and set out those changes in working arrangementsor, state that there are no such changes.
31.5 What the written response must include if a different change in working arrangements is agreed 9.6.5 If the Employer and the Employee reached reach an agreement under clause 31 on a change in working arrangements that differs from that what was initially requested by the Employee, the Employer must provide the Employee with a written response to their request setting out the agreed change(s) in working arrangements.
31.6 Disputes about whether 9.6.6 The Employer may only refuse a request for a change in working arrangements on reasonable business grounds.
9.6.7 The Employer must provide the Employer has discussed the employee with a written response to a request with the Employee and responded to the request in the way required by clause 31, can be dealt with under clause 28—Dispute Settlement Procedurewithin 21 days.
Appears in 1 contract
Sources: Enterprise Agreement
REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS. 31.1 An Employee may 27.1 In accordance with section 65 of the Fair Work Act, employees can request a change in their working arrangementsarrangements due to the following circumstances where the employee:
a) is the parent, or has responsibility for the care, of a child who is:
(i) of school age or younger, or
(ii) is under 18 and has a disability;
b) is a carer (within the meaning of the Carer Recognition Act 2010);
c) has a disability;
d) is 55 or older;
e) is experiencing violence from a member of the employee's family; or
f) 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 their family.
31.2 Clause 31 applies where an Employee has made 27.2 In order for Cheap as Chips to consider a request for flexible working arrangement, such a change request must be put in working arrangements under s.65 of writing and provided to the FW Actemployee’s line Manager.
31.3 27.3 Before responding to a request made under s.65 of the FW Actrequest, the Employer Cheap as Chips must discuss the request with the Employee employee and genuinely try to reach agreement on a change in working arrangements that will reasonably accommodate the Employeeemployee’s circumstances having regard to:
(a) the needs of the Employee employee arising from their circumstances;
(b) the consequences for the Employee employee if changes in working arrangements are is not made; and
(c) any reasonable business grounds for refusing the request.
31.4 Clause 31.4 applies if 27.4 Cheap as Chips must provide the Employer refuses employee with a written response to the request and has not reached an agreement with within 21 days, stating whether the Employee under clause 31.3request is granted or refused.
(a) The 27.5 If Cheap as Chips refuse the request, the written response under s.65(4) of the FW Act must include details of the reasons for the refusal, refusal including the business ground or grounds for the refusal and how the ground or grounds apply.
(b) 27.6 If the Employer and Employee could not agree on a change in working arrangements under clause 31.3, the written response under s.65(4) of the FW Act must:
(i) state whether or not there are any changes in working arrangements that the Employer can offer the Employee so Cheap as to better accommodate the Employee’s circumstances; and
(ii) if the Employer can offer the Employee such changes in working arrangements, set out those changes in working arrangements.
31.5 What the written response must include if a different change in working arrangements is agreed If the Employer Chips and the Employee reached employee reach an agreement under clause 31 on a change in working arrangements that differs from that initially requested by the Employeeemployee, the Employer must Cheap as Chips will provide the Employee employee with a written response to their request setting out the agreed change(s) in working arrangements.
31.6 Disputes about 27.7 If Cheap as Chips and the employee could not agree on a change in working arrangements, in accordance with 27.3 the written response must:
a) state whether or not there are any changes in working arrangements that Cheap as Chips can offer the Employer has discussed employee to better accommodate their circumstances; and
b) if Cheap as Chips can offer the employee such changes in working arrangements, set out those changes in working arrangements.
27.8 Cheap as Chips may only refuse the request with on reasonable business grounds which include the Employee and responded 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 employees, or recruit new employees, to accommodate the request; and/or
c) that the request would be likely to have a significant negative impact on customer service. *Note: for further information please refer to the request in the way required by clause 31, can be dealt with under clause 28—Dispute Settlement ProcedureCheap as Chips Flexible Working Arrangement Policy.
1. Level 1 – Retail Employee
Appears in 1 contract
Sources: Enterprise Agreement
REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS. 31.1 a) An Employee may request a change in working arrangements.
31.2 Clause 31 arrangements This clause applies where an Employee employee has made a request for a change in working arrangements under s.65 of the FW Fair Work Act. An employer may only refuse request for a change in working arrangements on ‘reasonable business grounds’.
31.3 b) Responding to the request Before responding to a request made under s.65 of the FW Actrequest, 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 Employeeemployee’s circumstances having regard to:
(a) : • the needs of the Employee employee arising from their circumstances;
(b) ; • the consequences for the Employee employee if changes in working arrangements are not made; and
(c) and • any reasonable business grounds for refusing the request.
31.4 Clause 31.4 applies if c) The Employer must give the Employee a written response to an employee’s request within 21 days, stating whether the employer grants or refuses the request. If the Employer refuses the request and has not reached an agreement with request, the Employee under clause 31.3written response must include details of the reasons for the refusal.
(ad) What the written response must include if the employer refuses the request The written response under s.65(4) of the FW Act must include details of the reasons for the refusal, including the business ground or grounds for the refusal and how the ground or grounds apply.
(b) . If the Employer employer and Employee employee could not agree on a change in working arrangements under clause 31.3, the written response under s.65(4) of the FW Act must:
(i) : • state whether or not there are any changes in working arrangements that the Employer can offer the Employee so as to better accommodate the Employee’s circumstances; and
(ii) and • if the Employer can offer the Employee such changes in working arrangements, set out those changes in working arrangements.
31.5 e) What the written response must include if a different change in working arrangements is agreed If the Employer and the Employee reached an agreement under clause 31 on a change in working arrangements that differs from that initially requested by the Employee, the Employer must provide the Employee with a written response to their request setting out the agreed change(s) in working arrangements.
31.6 Disputes about whether the Employer has discussed the request with the Employee and responded to the request in the way required by clause 31, can be dealt with under clause 28—Dispute Settlement Procedure.
Appears in 1 contract
Sources: Enterprise Agreement
REQUESTS FOR FLEXIBLE WORKING ARRANGEMENTS. 31.1 An Employee 8.1 Employees may request a change in working arrangements.
31.2 Clause 31 . This clause applies where an Employee employee has made a request for a change in working arrangements under s.65 of the FW Act.
31.3 a) Note 1: Section 65 of the Act provides for certain employees to request a change in their working arrangements because of their circumstances, as set out in s.65(1A).
a) Note 2: An employer may only refuse a s.65 request for a change in working arrangements on ‘reasonable business grounds’ (see s.65(5) and (5A)).
b) Note 3: This clause is an addition to s.65.
8.2 Responding to the request: Before responding to a request made under s.65 of the FW Acts.65, the Employer Company must discuss the request with the Employee employee and genuinely try to reach agreement on a change in working arrangements that will reasonably accommodate the Employeeemployee’s circumstances having regard to:
(a) the needs of the Employee employee arising from their circumstances;
(b) the consequences for the Employee employee if changes in working arrangements are not made; and
(c) any reasonable business grounds for refusing the request.
31.4 Clause 31.4 (i) Note 1: The Company must give the employee a written response to an employee’s s.65 request within 21 days, stating whether the Company grants or refuses the request (s.65(4)).
(ii) Note 2: If the Company refuses the request, the written response must include details of the reasons for the refusal (s.65(6)).
8.3 What the written response must include if the Company refuses the request
a) This paragraph applies if the Employer Company refuses the request and has not reached an agreement with the Employee employee under clause 31.3this clause.
(ab) The written response under s.65(4) of the FW Act must include details of the reasons for the refusal, including the business ground or grounds for the refusal and how the ground or grounds apply.
(bc) If the Employer Company and Employee employee could not agree on a change in working arrangements under clause 31.3this clause, the written response under s.65(4) of the FW Act must:
(i) state whether or not there are any changes in working arrangements that the Employer Company can offer the Employee employee so as to better accommodate the Employeeemployee’s circumstances; and
(ii) if the Employer Company can offer the Employee employee such changes in working arrangements, set out those changes in working arrangements.
31.5 8.4 What the written response must include if a different change in working arrangements is agreed agreed: If the Employer Company and the Employee employee reached an agreement under this clause 31 on a change in working arrangements that differs from that initially requested by the Employeeemployee, the Employer Company must provide the Employee employee with a written response to their request setting out the agreed change(s) in working arrangements.
31.6 Disputes about whether the Employer has discussed the request with the Employee and responded to the request in the way required by clause 31, can be dealt with under clause 28—Dispute Settlement Procedure.
Appears in 1 contract
Sources: Enterprise Agreement