Working parents have 'right to request' under Fair Work
Julia Gillard
posted Saturday, 2 January 2010
The new national Fair Work system gives Australian parents the right to request flexible working arrangements when returning to work after the birth of a child.
Fair Work also gives working families the ability to request an additional 12 months unpaid parental leave if they choose.
These provisions will help Australian workplaces be more productive, harmonious, have less staff turnover and attract the most talented employees.
Since the Maternity Leave Test Case in 1979, women’s participation in the workforce has increased by more than 30 per cent.
At the time it was claimed that if women were entitled to 12 months unpaid maternity leave, employers would refuse to employ women.
The participation rate for women in Australia is currently 58.5 per cent, a significant increase on 43.3 per cent in 1979.
As promised at the last election, the Rudd Government has delivered a new fair and balanced workplace relations system for a modern Australian economy.
12 months unpaid parental leave for new mums and dads is one of the ten legislated National Employment Standards (NES).
Like annual leave, public holidays and redundancy pay, unpaid parental leave is guaranteed to all employees covered by the new national Fair Work system.
A new entitlement under the Fair Work system is the ‘right to request’ flexible working arrangements like returning to work part time or an additional 12 months unpaid leave.
The ‘right to request’ is designed to promote genuine discussion between employers and employees about flexible work arrangements for working parents.
An employer can refuse a request on ‘reasonable business grounds’ but must provide their reasons for the refusal in writing. A refusal without reasons is insufficient.
What may or may not comprise reasonable business grounds is assessed at the workplace level. Factors that may be relevant in defining reasonable business grounds may include:
* any financial impact and the impact on efficiency, productivity and customer service;
* the inability to organise work among existing staff or to recruit a replacement employee; or
* the practicality of the arrangements needed to accommodate the employee‘s request.
Of course, the Government is also introducing legislation for a government funded paid parental leave scheme later this year to help working families’ better balance work and family responsibilities.
The ‘right to request’ will help Australia maximise workforce participation and ensure employers can retain skilled and experienced employees in the future.
From the 4th to the 8th of January, Fair Work Week will be held to highlight key elements of the new national workplace relations system.
Fair Work Week aims to raise awareness and understanding of the new workplace relations system including new rights, entitlements and obligations at work.
Fair Work Week will also help to make sure employers and employees know where they can get practical, accurate information about how the new laws will affect them.
The Fair Work Ombudsman has developed a Work and Family Best Practice Guide to assist employees and employers to implement family-friendly work practices and make better use of the provisions of Fair Work Act 2009.
The Work and Family Best Practice Guide and more information about the new workplace relations system, is available at http://www.fairwork.gov.au or call the Fair Work Infoline on 13 13 94.
Tags: Economy, Employment, Fair Work, Jobs, Reform, Workplace