The federal Albanese government’s new worker-friendly laws, combined with our union’s strong interventions, are ensuring that employer rejection of requests for flexible work arrangements can no longer be based on weak and insubstantial reasons.
The Secure Jobs, Better Pay amendments to the Fair Work Act enacted in 2023 empowers the Fair Work Commission (FWC) to arbitrate disputes arising from flexible work arrangements.
Now, faced with those laws, employers’ past fragile reasons for declining a request for flexibility are being exposed. When confronted with those realities by our union, employers are withdrawing their objections to such requests.
New laws working
In a recent case involving a major non-government school employer, a member’s request for a flexible working arrangement of 0.2 full-time equivalent (FTE) workload was initially denied.
After our union lodged a dispute in the FWC, the employer reversed its decision and provided our member with the requested flexible working arrangement.
In a separate case, an IEU member requested a flexible working arrangement of 0.8 FTE workload.
The employer responded that only a 0.5 FTE workload could be accommodated.
Our union lodged a dispute in the FWC, and prior to a Conference being held, the employer indicated it was willing to compromise on the request.
A 0.7 FTE flexible working arrangement was offered, which our member was happy to accept.
Employers seemingly unwilling to defend denials
IEU-QNT Assistant Secretary Nick Sahlqvist said the new laws that allow the FWC to resolve disputes over flexible work arrangements are having their intended effect.
“Employers are realising they have a genuine obligation to accommodate flexible work requests from eligible employees,” Nick said.
“And no doubt, employers are also realising situations where they have not reasonably considered requests, which will be difficult to explain in the FWC.
“Employers are on notice that our union is prepared to fight for members’ right to access flexible work,” he said.
