Am I entitled to family-friendly work?
- Details
- Published: Tuesday, 31 May 2011 10:32
Clause 2 Statement of Intent of the Local Government (State) Award provides "the parties to the Award are committed to co-operating positively to increase the structural efficiency of Local Government and to provide employees with access to more fulfilling, varied and better-paid work by providing measures to, for instance:
- improve skill levels and establish skill-related career paths;
- eliminate impediments to multi-skilling;
- broaden the range of tasks which a worker may be required to perform;
- achieve greater flexibility in workplace practices;
- eliminate discrimination;
- established rates of pay and conditions that are fair and equitable; work reasonable hours;
- ensure flexibility for work and family responsibilities; and
- ensure the delivery of quality services to the community and continuous improvement.
The seventh dot point commits parties to the Award to ensuring "flexibility for work and family responsibilities" although flexible work/family arrangements are also arguable under the fourth point.
Clause 21 Flexibility for Work and Family Responsibilities lists a range of flexible work and leave arrangements in paragraph (ii) but paragraph (i) is the key. It reads:
A Council and an employee, other than a casual, may agree to flexible work and leave arrangements to enable the employee to attend to work and family responsibilities. The Council can not unreasonably withhold agreement on flexible working leave arrangements, provided its operational needs are met.
The requirement that the Council not "unreasonably withhold agreement" means that it is difficult for a Council, if an employee can establish that its operational needs do not suffer, to reject reasonable requests for flexible work and leave.
If you are going to draft an application seeking flexible working arrangements because of family needs, send us a copy of your draft before you submit it and we will give you some feedback to make sure you are presenting the best possible argument.
We like to push out the boundaries of flexibility for family purposes.
