Major changes to Flexible Working Hours Bill

Amendments proposed to the Flexible Working Hours Bill would widen scope to include employees caring for dependent relatives and would allow workers to ask to work from home.

The bill originally proposed flexible working arrangements for those who care fulltime for children under five or children with a disability under 18, and the right to request flexible working arrangements, such as changes to hours or days of work.

After wide consultation over the past year, the Transport and Industrial Relations Select Committee yesterday reported back to Parliament and is now proposing change to the original bill. Amongst other things, the amended bill would allow employees with dependent relatives to be able to request flexible working arrangements and would let employees request a change to their place of work, as well as to their days and hours of work. This means employees could ask to work from home as part of a flexible work arrangement.

Employee requests could be rejected on one of several grounds including:

  • inability to reorganise work among existing staff;
  • detrimental impact on quality or performance;
  • burden of additional costs;
  • detrimental effect on ability to meet customer demand; and
  • undermining the terms of a collective agreement.

But it is up to an employer to establish a reasonable basis for any such refusal – and, if disputed, an employee would have the right to get a labour inspector to attempt to resolve the matter, or to seek mediation under employment law.

The bill now goes back to the House for a second reading. The Government proposes the changes become law on 1 July 2008.

To download a copy of the bill, click here. For a Bell Gully background article on the bill click here.