The Safe Jobs, Higher Pay Act 2022 (Act) has up to date the legal guidelines governing requests for versatile working preparations and introduces new provisions that allow the Truthful Work Fee to settle disputes associated to such requests.
The adjustments will probably be carried out on 6 June 2023, and employers should comply from that date onwards. In abstract, the adjustments require that employers, earlier than refusing a request, should meet with workers to debate the requested versatile work preparations and take into account different working preparations with them.
What’s altering beneath the Safe Jobs, Higher Pay Act 2022?
The Act enhances the present rights to request versatile work preparations as outlined in part 65(1A) of the Truthful Work Act 2009 (Cth) by broadening the conditions through which an worker can search versatile preparations. This now consists of circumstances the place an worker, or somebody from their speedy household or family, encounters “household and home violence”, as outlined in part 106B(2) of the Act.
Moreover, the Act incorporates a brand new part, 65A, mandating that an employer who receives a request for versatile work preparations should:
- meet with the worker to debate their request for versatile work; and
- if the employer plans to say no the versatile work request, both attain a mutual settlement on different adjustments to the worker’s working preparations and document the agreed-upon adjustments within the employer’s written response; or
- ought to the employer nonetheless intend to refuse the request, specify the cheap enterprise grounds for the refusal and handle the next:
- potential changes to the worker’s working situations that might accommodate (to a sure extent) the worker’s scenario and that the employer is keen to make; or
- that the employer is unable to implement such changes to accommodate the worker’s circumstances.
The Act introduces a dispute decision mechanism for conditions the place an employer has:
- denied a versatile work request; or
- failed to supply a written response to a versatile request inside 21 days; and
- the events can not resolve the dispute by way of discussions on the office stage.
Conciliation must be the primary level of name to resolve a dispute in circumstances involving versatile working association disputes, except there are “distinctive circumstances”. Conciliation is a course of led by a conciliator appoint by the Truthful Work Fee, the place the events negotiate informally with a view to discovering widespread floor. In any occasion, notably following a failed conciliation, the Fee has the authority to “handle a dispute because it deems appropriate” or refer it to arbitration the place conciliation is unsuccessful or “urgency is required”.
Implications for Employers and Subsequent Steps
Employers ought to ensure that they’re able to comply by the date when these adjustments will change into efficient, on 6 June 2023. As a primary step, employers ought to replace their insurance policies. For a versatile working coverage that’s up-to-date with these adjustments, see Lawpath’s Versatile Working Coverage doc.
Nonetheless, it’s not sufficient for employers to conform on paper. They have to additionally virtually implement the office adjustments. Particularly, employers ought to guarantee they comply by:
- updating their strategy to assessing and responding to workers’ versatile work requests to include the necessities to:
- meet with the worker and talk about their request; and
- inform the worker of any adjustments to working preparations the employer is keen to contemplate to accommodate their scenario.
- assessing any limitations to their skill to supply versatile working preparations to workers (contemplating the character of the enterprise) and the potential proof wanted to show these limitations.