Here are 3 more things you should do to ensure that you are compliant with the new Fair Work Act safety net.

1. Amend your employment contracts & policies

You need to consider whether you want to amend provisions in your employment contracts or policies to spell out the circumstances in which you can force staff to take annual leave. But remember, the circumstances in which you do this must be reasonable and consistent with conditions in applicable modern award and enterprise agreements.

You should also ensure that the contracts you make with senior, well-remunerated employees state that they will be usually required to work additional hours in excess of 38 a week due to their level of remuneration, the nature of their role and their level of responsibility.

2. Make sure you have a process in place to deal with requests for flexible work arrangements

You should give your employees access to forms to enable requests to extend parental leave or to implement flexible work arrangements and you should also designate a manager to deal with employees who wish to make such a request.

But you will also need to consider how you will determine these requests. For example, it would be a good idea to develop checklists about the factors that may be relevant to assessing a request. These could include:

• the nature of the work;
• the nature and cost of the arrangement;
• the impact on the business;
• the impact on customer service; and
• the need for additional equipment/resources etc.

When you agree to a flexible work arrangement, you need to ensure that it is documented in such a way as to avoid a permanent variation to the employment contract (unless that is intended). If the arrangement involves a reduction in working hours, there needs to be provision specifying the rate of pay on which service-based entitlements will be calculated. The manager responsible for liaising with the employee should schedule regular meetings with the employee to review the flexible working arrangement.

3. Train your managers

In general, it is a good idea to give your managers training about the Fair Work Act provisions and the potential liabilities for your organisation. Many managers may not appreciate the NES obligations to consult with employees about changes to positions when an employee is on parental leave, or modern award obligations to consult with employees and their representatives about significant business changes.

Regards,

Charles Power
Editor-in-Chief
Employment Law Practical Handbook

Tags: employment contracts, fair work act, flexible work arrangements