Commission releases report focusing on employer’s attitude towards increasing workplace flexibility arrangements

A recent report released by the Fair Work Commission highlights increasing employer acceptance of workplace flexibility in some but not all industries and increased ability to operationally cope with planned absences.

The report summarises the attitudes of 45 employers towards employee workplace flexibility, conducted as part of the Modern Awards Review 2023-2024 Work and Care stream.

Somewhat unsurprisingly, the key findings of the report were:

• • Person-facing roles (e.g. healthcare, reception, retail) and in-person roles (e.g. construction, landscaping) were typically less amenable to flexible working arrangements;
  • Desk-based roles were typically seen as more amenable to flexible working arrangements;
  • Operational considerations were the key factor in accommodating workplace flexibilities.

Employers reported very high proportions of approving requests in organisations where flexible working arrangements were suitable. This was primarily due to being seen as part of retaining and recruiting staff to those roles.

However, in many cases, employers reported that negotiations with employees need to occur prior to approval. This is considerably different from long-held practises such as flexitime available to State and Federal public servants, which are seen as an almost workplace right.

In terms of types of flexible arrangements, employers typically focused on working from home (WFH) arrangements and flexible hours. Employers rarely mentioned job sharing, splitting shifts, or role changes to enable flexible working.

Employers were less likely to approve workplace flexibilities, which would require significant adjustments (e.g. increased recruitment numbers to source additional part-time or casual staff, significant rostering changes, etc).

With regard to workers with care responsibilities (children, aged persons, etc.), employers reported they were more amenable to planned flexibilities and typically viewed ad-hoc flexibilities (often related to children’s sickness, school pick-up, etc.) as more difficult to accommodate due to the short notice often provided.

While many employers were comfortable with offering WFH arrangements, feedback was received that employees were dissatisfied with employers wanting to return the status quo to pre-COVID arrangements, in many cases meaning a reduction in the amount of time employees could WFH.

Some employers expressed concerns about data privacy and security for remote working arrangements, citing the additional costs involved in ensuring cybersecurity.

The report identified that the majority of requests for flexible arrangements were more common from female employees, particularly those with children.

Employers should note that the report suggests that it may be worthwhile for WFH provisions to form part of Modern Awards in the future. It would seem fairly obvious that this is part of a trend that is likely to mean some roles will gain further rights to effectively demand the right to work remotely.

While the report does not contain any overt recommendations, it seems likely that the Commission may contemplate including provisions in awards to accommodate flexible arrangements in some form or another in the coming years.

Modern Awards Reviews 2023-4 Work and Care Survey

For queries about flexible working arrangements, employee contracts, or other employment questions, please contact Dean Cameron at Workforce Advisory Lawyers – We Know Employment Law on 0417 622 178, 1300 WAL LAW or via email to dean.cameron@workforceadvisory.com.au

Disclaimer: This information is provided as general advice on workplace relations and employment law. It does not constitute legal advice, and it is always advisable to seek further information regarding specific workplace issues. Liability limited by a scheme approved under professional standards legislation.

Ref: 461.0924