The Employment Relations (Flexible Working Arrangements) Amendment Act 2007 came into force on 1 July 2008. It allows employees who are responsible for caring for another person (whether that person be a child or an adult, a family member or a non family member) to apply to their employer for flexibility in their working arrangements.

This includes employees' requests to work from home, work compressed hours or change their start and finish times. The employee can only make a request after having worked for the same employer for at least the previous 6 months. After the first request, the employee cannot make another request for at least 12 months, regardless of whether the previous request was accepted or rejected.

To make a request for an alteration of working arrangements, the employee needs to submit an application to the employer which includes:

• The employee's name and the date of the request
• The change they are proposing, and that they are proposing it under part 69AAC of the Employment Relations (Flexible Working Arrangements) Act 2007
• Whether the change will be temporary or permanent
• When the change should be put in place (if temporary, include the date on which it will end)
• Why the employee requires the change and how it will help them to take care of the person involved
• What changes the employer will have to make to accommodate this request (in the employee's opinion)

The employer has to give serious consideration to the employee's request, but does not have to accept it. They need to make a decision as soon as possible, within three months of the request being made.

The employer can refuse a request if:

• They aren't able to rearrange shifts
• They can't get extra staff
• It's going to affect quality
• It's going to affect performance
• There is not enough work to do during the hours/days the employee wants to work
• They are planning a restructure
• It's going to cost too much
• They won't be able to meet customer demand
• The employee isn't able eligible to make a request for change.

If the employer refuses the request, they should notify the employee in writing of the reason for their refusal and give an explanation.

The employer cannot accept the request if it is inconsistent with the terms of the employee's collective agreement.

For more information, call 0508 HR Help or email info@hughesdirect.com