Fair Work Commission outlines approach on new flexibility/parental leave provisions

Changes are coming into effect on 6 June 2023 which will give the Fair Work Commission power to deal with disputes over requests for flexible working arrangements and extensions to unpaid parental leave, amongst other changes.  Such disputes may include about whether an employer did in fact have reasonable business grounds to decline a request.

In a recent statement, the Fair Work Commission has set out how it will deal with these types of disputes.

FWC President Adam Hatcher has said that the changes will extend the "same rights of enforcement and dispute resolution which generally apply to the other NES entitlements".

The Fair Work Commission is going to update its website with guidance and eligibility requirements for applications to deal with these disputes, publish application forms, and seek feedback on amended procedural rules.

Justice Hatcher has also highlighted that Modern Awards may see changes, saying that most Modern Awards include model terms regarding flexible working arrangements and dispute resolution "which may need to be reviewed in light of these changes".

If you require any advice regarding the changes and what these changes may mean for your business, please get in touch with our team. 

You can access the statement here:  https://www.fwc.gov.au/documents/consultation/presidents-statement-flexible-work-statement-2023-05-09.pdf