Flexible working arrangements

As part of the Commission’s four-yearly review of modern awards,[1] the Full Bench of the Fair Work Commission (Commission) recently handed down a decision (Decision),[2] to insert a new model term (Model Term) into all modern awards, which will:

  • complement the flexible working provisions contained in s 65 of the Fair Work Act 2009 (Cth) (Act); and
  • impose further obligations on employers when responding to an employee’s request for family friendly working arrangements.

We set out below some background, the new obligations imposed on employers and the impact of the Model Term for employers.

The issue of reconciling work and personal life has become a growing concern in France and resulted in particular in the negotiation of a nation-wide inter-sectoral agreement relating to the quality of working life in 2013. In this context, the issue of flexible working raises, among other things, the question of whether employees benefit from

In this post we provide an overview of the following two types of obligations that an employer has under Australian law when it comes to employees with child care responsibilities:

  • considering and responding to flexible working arrangement requests; and
  • preventing discrimination on the grounds of family or child care responsibilities.

We also provide some practical