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Typically, part-time and full-time employees need to have completed at least 12 months of continuous service with their employer to be eligible for a flexible working arrangement. Casual employees must meet one of the above criteria and have worked with the company regularly for at least 12 months, with a reasonable expectation of continued employment.
If you’re not in one of these groups, can you still ask for a flexible working arrangement? Yes.
“I encourage it,” says Traicos. “We work for a long time and our needs vary throughout our lives.
“Employers are usually open to considering reasonable flexible work requests and savvy employers will often use these opportunities to retain and develop talent.”
When it comes to asking, timing matters
If you’re going for a job, it is best to have a conversation about your interest in flexible work during the hiring process. Not in an actual interview with your prospective boss, but by asking the HR representative or recruiter you’ve been liaising with about the role.
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If you’re already part of a company or organisation, established employees performing well in their roles, who understand the organisational culture, are in an advantageous position to make successful requests, Traicos says, though she warns against new starters asking for flexible working arrangements.
“Recent starters are not well-placed to make successful requests, particularly if it comes as a surprise to their manager.”
“They need time to settle into their role and understand the organisation’s nuances. I’ve seen tension arise with managers and colleagues by making unrealistic requests too quickly.”
How should someone request a flexible work arrangement?
Before making any requests, be sure to check if your employer offers any flexible work benefits in an enterprise agreement or human resources policies. Traicos says organising a meeting with your leader and following up with a written request is best.
When you meet, outline your needs and ideas. Be equipped with solutions to challenges that might arise from your request. Consider and communicate how any impacts on yourself and others in the organisation can be mitigated. Showing employers you’ve carefully thought about potential solutions can make all the difference.
“Follow up with a formal written request in an email, with a letter attached if you prefer, to both your manager and human resources, outlining what you seek, the reasons for your request and how it can be implemented. Mention that you had a meeting, and thank them for the conversation.”
It’s important to have your request in writing so it’s dated, formalised and for overall transparency.
What happens if a request is denied?
An employee’s options depend on a few factors, including any applicable enterprise agreements and whether the employee has the legal right to request a flexible work arrangement. The employer’s reason for denial is another major factor.
When it comes to those eligible groups of people listed earlier, a company or organisation can only refuse a flexible working request on ‘reasonable business grounds’.
“If an employee believes the denial unreasonable, the best approach is to request a meeting with the manager and human resources together. Discuss the decision and seek to explore alternatives and/or compromises. This approach may be effective if you think the decision was made in haste.”
However, Traicos says that by the time employers have formalised a denial in writing, it is usually their final position. Employees can seek legal or union advice and decide if they wish to challenge the decision further.
While Australia has an accessible system for resolving disputes, people should know that going down this road is time- and energy-consuming for employees and employers alike. Traicos asks employees to consider the merits of their situation carefully before proceeding.
Flexible work is about finding balance between employees and employers. And often, it can be mutually beneficial.
Appetite for these arrangements is not going anywhere anytime soon. Regardless of your role or workplace, clear, respectful, open communication from both sides of the desk is key in these conversations.
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