New legislation means Victorian employers must consider requests for flexible working
Changes to Victoria’s Equal Opportunity Act mean that employers must consider seriously any request for flexible work arrangements from staff members who have children or people who depend on them for care.
From 1 September 2008, changes to the Equal Opportunity Act 1995 (Vic) will protect working parents and carers from discrimination when trying to balance their work and family responsibilities.
“The new legislation is significant as it delivers extra protection from discrimination to working parents and carers who have family responsibilities,” Chair of the Victorian Equal Opportunity and Human Rights Commission Michael W Gorton, AM, said.
Nareen Young, Diversity Council Australia's CEO said these changes mirror what is happening in some workplaces: "Leading employers are already providing an environment that supports employees to meet their work-life needs. They recognise the business benefits of doing so in terms of staff attraction, retention and productivity."
The changes mean that an employer should not unreasonably refuse to accommodate an employee’s parental or carer responsibilities, in relation to their work arrangements. Therefore, an employer should not refuse flexible work arrangements for workers with family responsibilities, without seriously considering all of the circumstances.
This does not mean that an employer must agree to every request, but it does mean an employer must not refuse a request unless it is reasonable to do so under the circumstances. Employers should consider a number of factors such as:
- the nature of the employee’s work and parental or carer responsibilities
- the nature and cost of the arrangements required for an employee to fulfil their parental or carer responsibilities
- the effect of the flexible work arrangement on the workplace, including the financial impact on the business.
New Guidelines
The Victorian Equal Opportunity & Human Rights Commission and Industrial Relations Victoria have developed guidelines that provide details of the amendments, including answers to common questions and a model process to use to make and consider requests for changes to work arrangements.
Click here for more information on these guidelines.
DCA can provide assistance with developing flexible working strategies and policies. Please call us in Sydney on (02) 9699 5399 or Melbourne on (03) 8611 7600.