Edge Legal
Labor senators have recently sided with the Coalition to vote down a Greens amendment to the Government's penalty rates legislation that would require employers to consider requests to work from home for up to two days a week, "if practical" and for employers to only be able to refuse requests "if it would make the performance of the inherent requirements of the role seriously impractical or impossible".
Our Take
We agree with Prime Minister Albanese who pointed out when questioned about Labor’s commitment to workers that there is already a legislated process that “allowed for people to request flexible arrangements, including hours, including location".
Action Items:
Managers should use regular one-on-one meetings to find out from your direct reports how their working patterns give them the best chance of being productive and effective – if it isn’t working; change it up proactively.
Balance flexibility and consistency – establish some guidelines up front of what the employer’s expectations are.
Use trial periods to test and adjust – you don’t have to be ‘perfect’ from day one.
Don’t try and create a ‘one size fits all’ approach to these matters. The Fair Work Act has specific obligations that must be addressed first and then apply a ‘reasonableness lens’ over your approach to ensure that operational requirements for the individual and the rest of the workforce are met.
Consult and then maintain performance measures for all employees – not just those WFH or not WFH.
