In addition, the Fair Work Act of 2009 allows state and territory laws to continue to apply to workers who offer more favourable rights than NES in terms of flexible work arrangements. In Victoria, for example, the provisions of the Equal Opportunity Act of 1995 prohibit an inappropriate refusal to take into account the responsibility of a worker as a parent or caregiver. Applications for flexible work arrangements are part of national employment standards (NES). THE NES applies to all workers covered by the national labour relations scheme, regardless of the award, agreement or contract. Workers affected by a distinction also have additional rights when they apply for flexible work rules. More information on developing flexible family-friendly work strategies and their benefits can be found in our Best Practice Guide – Work and Family. Learn more about the demands for flexibility in the work plans below. Learn more about responding to requests with our free online course for job flexibility. However, the reasonable business reasons for rejecting a request for flexible work arrangements are not limited to: there is no obligation for an employer to accept a request for flexible work. However, the Fair Work Act 2009 authorizes the Fair Work Commission or any other person to address a dispute over whether an employer had reasonable business reasons to reject an application. As a general rule, this only happens if the parties to the dispute have agreed, in an employment contract, an enterprise agreement or other written agreement, that this was to occur. A worker may ask his employer to change his work rules if he needs flexibility, because he: NES have the right for some workers to require flexible working hours (for example.

B changes in working time) of their employer. An employer can only refuse such an application for “reasonable business reasons.” Employers affected by a distinction must first discuss with their employee the request to reach agreement on changes to the worker`s working conditions, taking into account that Greg wants to start work at 10 a.m. instead of 9 a.m., so that he can take his son to kindergarten. He can ask for flexible work rules to help him take care of his son. When a national or territorial law allows a worker to have a better right to flexible work arrangements, it continues to apply. Some workers who have worked for the same employer for at least 12 months may request flexible work time arrangements, such as changes in working time, types of work or workplaces. Shirley is 60 years old and wants to finish early on Wednesdays so she can volunteer at her local hospital. She can apply for flexible work rules since she is over 55 years old. The NES does not require the employer to decide between granting a worker`s application in full or rejecting the application. On the contrary, employers and workers are encouraged to discuss their work regimes and reach, where possible, an agreement that reconciles the two needs.