FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 65 Requests for flexible working arrangements

FAIR WORK ACT 2009 (NO. 28, 2009) - SECT 65

Employee may request change in working arrangements

             (1)  An employee who is a parent, or has responsibility for the care, of a child may request the employer for a change in working arrangements to assist the employee to care for the child if the child:

                     (a)  is under school age; or

                     (b)  is under 18 and has a disability.

Note:          Examples of changes in working arrangements include changes in hours of work, changes in patterns of work and changes in location of work.

             (2)  The employee is not entitled to make the request unless:

                     (a)  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; or

                     (b)  for a casual employee--the employee:

                              (i)  is a long term casual employee of the employer immediately before making the request; and

                             (ii)  has a reasonable expectation of continuing employment by the employer on a regular and systematic basis.

Formal requirements

             (3)  The request must:

                     (a)  be in writing; and

                     (b)  set out details of the change sought and of the reasons for the change.

Agreeing to the request

             (4)  The employer must give the employee a written response to the request within 21 days, stating whether the employer grants or refuses the request.

             (5)  The employer may refuse the request only on reasonable business grounds.

             (6)  If the employer refuses the request, the written response under subsection (4) must include details of the reasons for the refusal.