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VIC Requesting Flexible Work Arrangement Under Employment Law?

Discussion in 'Employment Law Forum' started by mxryda, 14 June 2016.

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  1. mxryda

    mxryda Active Member

    13 May 2016
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    Due to anxiety & stress issues, I have requested for a Flexible Work Arrangement that would see me continue as a Full-Time worker but work extra hours each day that would then reduce my working days from 5 to 4 per week.

    Currently, I work extra hours to enable an RDO every fortnight, so instead of this, I would work a bit more and basically have 2 extra days in the month. This is to help reduce financial stress and anxiety issues and having to travel one day less a week to our new workplace is really going to help lower my stress and increase my productivity.

    I've put this request in writing and my understanding was I needed to have confirmation within 21 days of an answer, is this correct under employment law?

    My manager has told me that my request isn't unreasonable, however, they won't be able to work it out properly until we move in 3 months time. I pointed out that others are trialing options for Flexible work and I was told this is for a different reason not due to the move, even though those people told me they were trialing it for the move.

    Where does this leave me? I was told to get my request in early rather than later so they can work it out and now I'm being told otherwise.

    Thanks once again for any replies given.

    I appreciate your time...
  2. Sophea

    Sophea Well-Known Member

    16 April 2014
    Likes Received:
    Unless your employer has policies that allow you to choose flexible work arrangements, the only circumstances which would confer a right to do so are if you have worked for your employer for 12 months and you:
    • are the parent, or have responsibility for the care, of a child who is school aged or younger
    • are a carer (under the Carer Recognition Act 2010)
    • have a disability (and are qualified for a disability support pension under the Social Security Act 1991)
    • are 55 or older
    • are experiencing family or domestic violence, or
    • provide care or support to a member of their household or immediate family who requires care and support because of family or domestic violence.
    However, where others have been given flexible work arrangements and you have been denied this option for no apparent reason then there may be grounds to allege discrimination - however you would have to point to some basis upon which they were discriminating against you.

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