Flexible work changes

The Employment Relations (Flexible Working Arrangements) Amendment Act 2007 was recently passed in Parliament. The Act will change the way some employees and employers make and respond to requests for flexible working arrangements.

When will the changes come into effect?
The Employment Relations (Flexible Working Arrangements) Amendment Act 2007 will come into force on 1 July 2008.

What are the changes?
The Act provides certain employees with the right to request a variation to their hours of work, days of work, or place of work.

To be eligible for the “right to request” an employee must have the care of any person and have been employed by their employer for 6 months prior to making the request. When making the request, the employee must explain how the variation will help the employee provide better care for the person concerned.

The Act requires employers to consider the request for flexible working arrangements and provides the only grounds upon which they can refuse a request. The Act also provides a process for how requests are to be made and responded to.

Employers and employees may seek general assistance from a Labour Inspector about requests for flexible working arrangements under the Act.

In the event that a dispute arises, the Act provides a dispute resolution process. This process can only be started if an employee believes that their employer has either wrongly determined that they are not eligible to make a request, or has not followed the correct process set out in the Act. The first step is to refer the matter to a Labour Inspector. If the employee is still dissatisfied after receiving assistance from a Labour Inspector, the employee may refer the matter to mediation. If mediation does not resolve the matter, the employee may apply to the Employment Relations Authority (ERA) so the ERA can determine either whether or not the employee is eligible to make a request, or whether the employer has followed the correct process.

ERA determinations under the Act cannot be challenged to the Employment Court, except by judicial review.

A review of the operation and effects of the new legislation is required 2 years after commencement and will include recommendations on whether the provisions should be extended to all employees.

Where can you get more information?
The Department is currently working on guidelines for employees and employers to support the Act. These will be made available over the coming months. Templates and checklists will also be developed to make the process of making and responding to a request as easy as possible.

The Department also has a range of resources currently available to assist people thinking about flexible work and work-life balance. These can be accessed via the Department’s website, www.dol.govt.nz/worklife, or by emailing worklife@dol.govt.nz.