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Media Release

July 27 2009

Fair Work an important right for all

The right for employees to request flexibility in the workplace is really importantRequesting – and being granted – flexibility in the workplace has an important and positive impact on employees’ work-life interaction, according to the 2009 Australian Work and Life Index (AWALI) report.

Report author, Professor Barbara Pocock from UniSA’s Centre for Work + Life, said new legislative reforms introduced by the Federal Government will assist in increasing flexibility for “some” Australian workers.

The Fair Work Act came into effect on July 1 and its objectives include ‘assisting employees to balance their work and family responsibilities by providing for flexible working arrangements’.

“The right for employees to request flexibility in the workplace is really important,” said Prof Pocock.

“AWALI 2009 shows that in the past year, an average one in five employees made requests. Two thirds of those requests were met in full, and those employees who had their requests granted achieved much better work-life outcomes.

“However, 80 per cent of employees are not making requests. This legislation opens the door so hopefully more people will feel comfortable making requests.”

Prof Pocock said the new right to request represents a ‘light touch’ regulatory measure to support employees seeking flexibility, and it creates a duty for employers to consider such requests ‘reasonably’.

She said while it currently covers employees who are parents or carers of a child less than school age or with a disability, she would like to see it expanded in the near future – initially to parents or carers of children of school age (up to 16), and then to all workers.

AWALI 2009 found flexibility is much more important to women than men, and that many more women than men – even when they are not parents – seek flexibility from their employers.

Prof Pocock said some employees currently don’t bother making requests – they change employers instead.

“A good example of this is the decisions that women make when returning to work after maternity leave,” she said.

“Recognising inflexible work arrangements and unsupportive local workplace cultures, they often change workplaces to find part-time or flexible options. Some change occupations and industries completely.

“This factor helps explain the persistent gender pay gap in countries like Australia where women have to ‘change down’ to get the flexibility they need. By switching jobs, workplaces and even occupations, they often trade down to lower pay. Or, in pursuing part-time work, many women find that they have to accept casual employment.”

Prof Pocock said 11 per cent of people surveyed believed their job is not suitable for flexible arrangements, while three per cent refrained from making a request because they had too much work to do or because they were not convinced their employer would allow it.

The report found childcare needs and accommodating study were two of the biggest reasons people sought flexibility (each represented 15 per cent of reasons for all requests). Childcare was a major reason for women, while both women and men sought flexibility for study.

“The fact that one in two women with a preschooler, one in three women with any children under 16 years and one in four women without children have sought flexibility, suggests that flexibility matters most for women with children under five years, a lot for any women with children, but also affects many women who do not have children,” she said.

“It seems Australian law makers have been right to start by supporting the right to request for parents of young children. However, they will assist many other women if they extend the right to others, beginning with parents with any children under 16 and then extending it to all employees.”


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