Opinion
Want to negotiate flexible work? Here’s what you need to know
Caterina Hrysomallis
ContributorFlexible working arrangements are becoming increasingly common in Australia, spurred by pandemic restrictions that have proven to employers and employees alike that much work can indeed be done remotely.
We have questioned the traditional 9am to 5pm job, and where and how we work, more than ever.
Want to work from home? It’s important to prepare for the conversation with your employer.Credit: Getty
“It is now quite normal to have flexible work arrangements in place where practicable, and prospective employees may expect these as standard benefits,” says Erica Traicos, who runs a people and culture executive development and organisational design consultancy in Melbourne.
“I know of only one small firm of less than 10 employees where all staff work in a traditional on-premises, 9am to 5pm model,” Traicos says.
Examples of flexible working arrangements include:
- Remote work: working from home or another location outside the employer’s premises.
- Flexible or staggered hours: adjusted start and/or finish times or completing a day’s work hours within a certain time range.
- Part-time work: requesting to work fewer hours if the original position is full-time.
- Graduated return to work: particularly for someone returning from parental leave or following a period of extended illness.
- Job sharing: two employees sharing the duties and hours of one role.
- Compressed working weeks: working longer but fewer days per week. For example, working four 10-hour days and having one day off a week.
- Accessing frequent leave: through sacrificing salary to purchase additional annual leave or taking unpaid leave.
According to the Australian Bureau of Statistics’ most recent job flexibility data (August 2024), 36 pr cent of employees regularly worked from home and 26 per cent had an agreement to work flexible hours.
Who is eligible for flexible working arrangements?
There are specific groups of people who have a legal entitlement to request flexible working arrangements under Australia’s Fair Work Act, including those who are pregnant, parents or carers of a child who is school-aged or younger, people with a disability, employees aged 55 years or older, or people experiencing family or domestic violence or caring for someone in those circumstances.
Typically, part-time and full-time employees need to have completed at least 12 months of continuous service with their employer to be eligible for a flexible working arrangement. Casual employees must meet one of the above criteria and have worked with the company regularly for at least 12 months, with a reasonable expectation of continued employment.
If you’re not in one of these groups, can you still ask for a flexible working arrangement? Yes.
“I encourage it,” says Traicos. “We work for a long time and our needs vary throughout our lives.
“Employers are usually open to considering reasonable flexible work requests and savvy employers will often use these opportunities to retain and develop talent.”
When it comes to asking, timing matters
If you’re going for a job, it is best to have a conversation about your interest in flexible work during the hiring process. Not in an actual interview with your prospective boss, but by asking the HR representative or recruiter you’ve been liaising with about the role.
If you’re already part of a company or organisation, established employees performing well in their roles, who understand the organisational culture, are in an advantageous position to make successful requests, Traicos says, though she warns against new starters asking for flexible working arrangements.
“Recent starters are not well-placed to make successful requests, particularly if it comes as a surprise to their manager.”
“They need time to settle into their role and understand the organisation’s nuances. I’ve seen tension arise with managers and colleagues by making unrealistic requests too quickly.”
How should someone request a flexible work arrangement?
Before making any requests, be sure to check if your employer offers any flexible work benefits in an enterprise agreement or human resources policies. Traicos says organising a meeting with your leader and following up with a written request is best.
When you meet, outline your needs and ideas. Be equipped with solutions to challenges that might arise from your request. Consider and communicate how any impacts on yourself and others in the organisation can be mitigated. Showing employers you’ve carefully thought about potential solutions can make all the difference.
“Follow up with a formal written request in an email, with a letter attached if you prefer, to both your manager and human resources, outlining what you seek, the reasons for your request and how it can be implemented. Mention that you had a meeting, and thank them for the conversation.”
It’s important to have your request in writing so it’s dated, formalised and for overall transparency.
What happens if a request is denied?
An employee’s options depend on a few factors, including any applicable enterprise agreements and whether the employee has the legal right to request a flexible work arrangement. The employer’s reason for denial is another major factor.
When it comes to those eligible groups of people listed earlier, a company or organisation can only refuse a flexible working request on ‘reasonable business grounds’.
“If an employee believes the denial unreasonable, the best approach is to request a meeting with the manager and human resources together. Discuss the decision and seek to explore alternatives and/or compromises. This approach may be effective if you think the decision was made in haste.”
However, Traicos says that by the time employers have formalised a denial in writing, it is usually their final position. Employees can seek legal or union advice and decide if they wish to challenge the decision further.
While Australia has an accessible system for resolving disputes, people should know that going down this road is time- and energy-consuming for employees and employers alike. Traicos asks employees to consider the merits of their situation carefully before proceeding.
Flexible work is about finding balance between employees and employers. And often, it can be mutually beneficial.
Appetite for these arrangements is not going anywhere anytime soon. Regardless of your role or workplace, clear, respectful, open communication from both sides of the desk is key in these conversations.
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