Publication date: October 2021
Purpose & Context
McKee Creative recognises the changing context of work has created new challenges and opportunities for employers and employees that require workplaces to embrace greater flexibility.
McKee Creative also understands that certain personal circumstances create additional challenges for staff in balancing their work objectives and personal priorities. This includes employees:
With family or carer responsibilities
With a disability themselves
Who are experiencing, or supporting a family member experiencing domestic violence, or
Who are transitioning to retirement
This policy outlines our commitment to providing flexible work for staff in recognition of the benefits a flexible environment can provide to the whole community, our staff and our clients.
In promoting flexible work options which enable staff to balance their work requirements with personal and family priorities, this policy seeks to:
Improve gender equality outcomes in the workplace
Maintain positive staff wellbeing and engagement
Enhance the overall capacity of our organisation, and our staff, to maintain and even improve productivity by increasing staff morale and reducing absenteeism
Facilitate increased staff retention, and subsequently maintain organisation knowledge
This policy outlines the Fair Work Act 2009 provisions that allow employees the right to request flexible working arrangements and incorporates the flexible working arrangements as outlined in the Employee Agreement.
This policy works in conjunction with existing entitlements, policies, and practices that support employees to apply for flexible work arrangements.
For the purpose of this policy:
Act means the Fair Work Act 2009.
Family responsibilities (within the meaning of the Anti-Discrimination Act 1991 (QLD)) refers to responsibility for the care of a child, and/or any other immediate family member in need of care or support.
Carer (within the meaning of the Carer (Recognition) Act (2008) (QLD)) is a person who provides personal care, support and assistance to another person because of their disability and aged-related needs This excludes care, support or assistance provided as part of paid or unpaid work, a service provision contract, and/or education or training program. A person is not inherently considered a carer solely on the basis of their family and/or domestic relationship to the person in need of care.
Disability (within the meaning the Disability Discrimination Act 1992 (Cth)) is any temporary or permanent physical, sensory, neurological, intellectual, psychiatric or learning disability, and includes physical disfigurement, the presence in the body of disease-causing organisms and total or partial loss of part of the body or a bodily function.
Immediate family member includes the following biological, adoptive, foster and step relationships - a married, de facto opposite sex or same sex partner, an ex-partner, a parent or partner's or ex-partner's parent, a brother or partner's or ex-partner's brother, a sister or partner's or ex-partner's sister, a grandchild or partner's or ex-partner's grandchild and a grandparent or partner's or ex-partner's grandparent.
Inherent requirements of a job are determined by the circumstances of each job and include the ability to perform the tasks or functions which are a required function of the job, productivity and quality requirements, the ability to work effectively in a team and the ability to work safely. These are often referenced in the selection criteria or position description.
Reasonable business grounds are determined by the requirements of the organisation or individual unit and can include, but are not limited to:
the new working arrangements would be too costly
there is no capacity to change the working arrangements of other employees to accommodate the new working arrangement request
it would be impractical to change the working arrangements of other employees or to recruit new employees to accommodate new working arrangement request
the new working arrangements would be likely to result in significant loss of efficiency or productivity
the new working arrangements would likely have a significant impact on customer service.
Unjustifiable Hardship refers to significant difficulties or expense to an employer that renders the workplace adjustment requested unwarranted.
McKee Creative recognises the increasing need for employees to balance work and personal and family priorities. The longstanding provision of our policies demonstrate our commitment to the implementation of working arrangements that find the best possible match between the requirements of employers and employees.
At McKee Creative the working arrangements should be inherently flexible wherever reasonably possible. The application of flexibility and reasonableness when considering working arrangements should enable all employees to request access to conditions of employment which allow a balance between work and personal or family priorities.
Under the Act employees in certain circumstances have a right to request flexible working arrangements. McKee Creative will undertake all reasonable efforts to accommodate and support the needs of employees in fulfilling the inherent requirements of a position if they:
Are the parent, or have the responsibility for the care, of a child of school age or under
Are a carer
Have a disability
Are 55 years or older
Are a victim of domestic violence, or
Are caring for or supporting a member of their family or household because the other person is a victim of domestic violence
Where Mckee Creative is unable to accomodate the needs of an employee in their request for flexible work arrangement in the above circumstances, this will only be based upon the relevant test of unjustifiable hardship or reasonable business grounds.
Taking into account a person’s training, qualifications, experience, performance and all other relevant factors, it is not unlawful discrimination by McKee Creative against an employee requesting a flexible working arrangement, if the person:
Would be unable to carry out the inherent requirements of the particular job, or
Would require arrangements which would impose an unjustifiable hardship on McKee Creative.
In determining what constitutes unjustifiable hardship, all relevant circumstances of the particular case are to be taken into account, including:
The nature of the benefit likely to be accrued or detriment to be suffered by the persons affected, and
The effect of the employees personal or family priorities, and
The financial circumstances of and the estimated amount of expenditure required to be made by McKee Creative when claiming unjustifiable hardship
A decision of unjustifiable hardship must be based on the established facts of the situation, and not assumptions, and there must be consideration of alternative arrangements which could assist the employee in balancing their personal or family priorities and perform the inherent requirements of their position.
McKee Creative will provide targeted staff development training on flexible working arrangements as relates to this policy, available to managers/supervisors and all clients and administrative staff. We will undertake strategies to raise awareness of flexible work options available for all staff.
McKee Creative will consider flexible working arrangements for all employees under the applicable provisions and other employment policies and practices which enable flexible working arrangements.
McKee’s Staff Agreements contain a number of flexibility measures that employees can access.
An employee, who is unable to access the flexible working arrangements under our Staff Agreement or other McKee Creative employment policies and practices, may request flexible working arrangements from their manager under this policy.
Employees with family responsibilities may also have access to parental leave options, including flexible return to work options. If they are a primary or secondary carer of a child after birth. Parental leave options and conditions are outlined in the relevant agreements.
Employees with a disability or who are carers of children or immediate family members with a disability are entitled to make requests for flexible working arrangements under this and other policies.
The types of flexible working arrangements available for staff may include (subject to relevant policy and Enterprise Agreement provisions) but are not limited to:
Options for part-time work
Variations in starting and finishing times, roster arrangements or break times
Working hours over fewer calendar days
Flexibility in when paid and unpaid leave can be taken and the option to purchase additional leave
Working remotely, where appropriate
Adequate notice being provided to an employee when there is a request to vary their usual hours or location of work
Workplace child care arrangements as part of an employees salary package, and
Time for breastfeeding and breast milk extraction at work
Requests for Flexible Working Arrangements under the Fair Work Act 2009
The Act allows for employees in certain circumstances the right to request flexible work arrangements.
Employees are entitled to make the request under the Act when they have completed at least 12 months of continuous service before making the request.
Casual employees are entitled to make a request under the Act if:
They have been employed by McKee Creative on a regular and systematic basis for a sequence of periods of employment of at least 12 months immediately before making the request, and
There is a reasonable expectation of continuing employment on a regular and systematic basis
Part A - Requesting Flexible Working Arrangements
An employee seeking to request a flexible working arrangement under the Act should submit a request in writing to their manager/supervisor outlining:
The reasons for the request
The nature of the arrangements required, and
The period of time proposed to utilise the arrangements
The manager must give genuine consideration to the request for flexible working arrangements and the proposals put forward by the employee.
The employee and the manager/supervisor must meet in person to discuss the request within 14 calendar days of a written submission being made, or if feasible, earlier where the circumstances require it. Direct and personal communication is required.
Reach an agreement where possible that balances the needs of McKee Creative and the employee’s requirements
Clarify the flexible working arrangements required by the employee and for the manager/supervisor to raise any concerns they may have with the request
Address any reasonable concerns from the manager/supervisor about the proposed flexible working arrangement, and consider and discuss alternative arrangements
In considering an application for a flexible working arrangement a manager/supervisor must also consider:
Any work, health and safety issues which may impact on the request as per the Workplace Health & Safety standards
Their delegation capacity
Provisions under the Staff Agreements
Within 21 calendar days of meeting with their manager/supervisor an employee must be provided with the written response to their request, stating whether their request has been granted or refused, and providing reasons for this decision.
A refusal of a request for flexible working arrangements must only be made in terms of either unjustifiable hardship or reasonable business grounds.
A refusal of a request for flexible working arrangement should, where possible, also include consideration of alternative arrangements to that requested by the employee.
Employees have a responsibility to immediately inform their manager/supervisor when their circumstances, as related to flexible work arrangements, cease or significantly change.
Where approved, there should be at least an annual review of the agreement to ensure that the employee and McKee Creative’s needs are being comfortably met.
It is appropriate for an employee and a manager/supervisor to make an informal flexible working arrangement if there are no Work Health and Safety issues to be considered, and:
The employee requesting the arrangement is requesting under a circumstance not covered by the Fair Work Act as outlined above, or
The flexible work arrangement is for a short term period, or
Both the employee and manager/supervisor have reached mutual agreement on the terms of a flexible work arrangement
In the insistence of an informal agreement, correspondence detailing the agreed terms of the arrangement should still be entered into to ensure both parties are fully informed of their responsibilities. Advice can also be sought in these instances.
Part B - Dealing with Breaches of Policy
Where practicable a dispute as to the application of this policy should be resolved informally through discussion with the appropriate manager/supervisor. If the matter cannot be resolved the issue should be escalated to the relevant HR Partner.
If a manager/supervisor does not follow the procedures or refuses a request for flexible work arrangements as outlined in this policy, an employee can contact the appropriate support for dispute.
Part C - Responsibilities
Managers/Supervisors & Executives will:
Will ensure that all policies and procedures do not discriminate on the grounds of an employees personal circumstances as they relate to the Act
Should inform employees of this policy and other policies as related to flexible working arrangements, and should adhere to McKee Creative’s commitment to equal opportunity for all employees
Staff training will be provided on flexible work arrangements
Must document a decision not to approve the request for flexible working arrangements from any employee regardless of whether the employee was requesting under the Fair Work Act or to balance personal priorities. The documentation of decision, including reasons qualified under unjustifiable hardship or reasonable business grounds, must be made available to the employee for review
Must review the flexible work arrangements at regular intervals, at least annually, the arrangements made with employee to ensure that McKee Creative’s and the employees needs continue to be met
Maintain appropriate confidentiality of personal matters
Provide assistance to an employee seeking information and advice in relation to requests for flexible working arrangements
May inform their manager/supervisor of personal circumstances relevant to their request for flexible working arrangements
May make a written request for flexible work practices
Must, when requested, provide documentation of their responsibilities, such as a doctors certificate or social work report
May request a third-party to assist in the discussion of special arrangements with their supervisor
Should seek independent advice in relation to their superannuation if they change their hours of work.