Flexible work application refused for rostering imperatives and impacts on other staff

In a recent decision the Fair Work Commission has refused an application by a childcare worker to vary her roster to allow her to collect her children from school each day.

The Facts

The employee was a full-time employee in a childcare centre that was implementing a rotational roster to meet minimum legal staffing requirements.

The employee said her hours of work since commencement had finished between 3.00pm to 3.30pm, and requested a continuing arrangement to commence at 7.00am or 7.30am and end at 3.00pm or 3.30pm.

She had school-age children who required care and assistance with after-school activities, homework, and school commute. She did not believe it safe for the children to be unattended after school or for them to use public transport to commute home after school.

The employer disputed that there was any written agreement for her to work her previous hours.

The employer engaged with her request and provided her with 3 different roster proposals.  The employee did not agree with any of the proposals and did not make any proposals in response.

The employee applied to the Fair Work Commission for flexible work orders.

The Decision

In refusing the employee’s application the Commissioner found that the employer had reasonable grounds for its refusal, finding that:

1. Granting the flexible working arrangement would require the employer to adjust other employees’ rosters to ensure that there is always 50% diploma-qualified staff coverage on site.
2. The employer would incur increased staff cost and operational inconvenience to cover the shift times the employee would not be required to work, to comply with regulations to ensure minimum staffing levels and child safety.
3. Granting the arrangement could also inconvenience other workers and result in tension and other workplace issues.
4. The employer had been seeking to accommodate flexibility for the employee who had rejected its proposals.

Implications

The case is a reminder to employers of the importance of properly responding to flexible work requests, considering alternatives, and providing their business reasons for refusing a request.

The case is also a reminder to employees to consider an employer’s proposals and to consider making alternative proposals.

At WorkLegal our experienced team can answer your questions and put you on the right track.  A range of fixed-price Initial Consultations will suit most people’s needs in quickly learning what their options are.