STATEMENT

Fair Work Act 2009
s.156–4 yearly review of modern awards

Family Friendly Work Arrangements
(AM2015/2)

JUSTICE ROSS, PRESIDENT
DEPUTY PRESIDENT GOOLEY
COMMISSIONER SPENCER

MELBOURNE, 12 JANUARY 2018

4 yearly review of modern awards – family friendly working arrangements – background papers

[1] In conjunction with this Statement the Commission is publishing three background papers as part of the Family Friendly work arrangements proceedings:

• Background Paper 1: identifies the uncontested and contested issues in the proceedings and seeks to summarise the parties’ submissions;

• Background Paper 2: outlines the statutory provisions in respect of flexible working arrangements in OECD countries; and

• Background Paper 3: outlines the UK system concerning flexible working arrangements.

[2] Interested parties may make written submissions in respect of the background papers. Such submissions are to be filed by no later than 4pm on Friday 2 February 2018. Any submissions in reply are to be filed by no later than 4pm on Friday 9 February 2018. All submissions are to be sent to amod@fwc.gov.au.

[3] Submissions in respect of Background Paper 1 should address the following issues:

(i) the draft summary of the Commission’s approach to the review (see Attachment C to Background Paper 1);

(ii) the accuracy of the summaries of the parties’ submissions on jurisdiction and merit (see sections 2.2 and 2.3);

(iii) the list of witnesses (see Attachment D) and the references to the parties’ submissions on the evidence (see paragraph [70]); and

(iv) any other corrections or additions to the Background Document.

PRESIDENT

Printed by authority of the Commonwealth Government Printer

PR599298

CaseChat Overview and Summary

The matter before the Full Bench of the Fair Work Commission was an appeal by an employer against the inclusion of family friendly work arrangements in a modern award. The employer contended that the award's requirement for flexible working arrangements was unreasonable and could impose an undue burden on business operations. The employee, on the other hand, argued that such provisions were necessary to accommodate the needs of modern families and to promote work-life balance.

The primary legal issues before the Full Bench were whether the inclusion of family friendly work arrangements in the modern award was unreasonable, and whether such provisions could be justified as a necessary measure to achieve a fair work outcome. The Full Bench considered the broader objectives of the Fair Work Act, including the promotion of productive and harmonious workplace relations, and the need to balance the rights of employers and employees.

The Full Bench found that the award's requirement for family friendly work arrangements was not unreasonable, as it was consistent with the objectives of the Fair Work Act and the broader principles of contemporary workplace relations. The Full Bench emphasised that the award's provisions were designed to promote a fair and flexible workplace culture, and to support the needs of modern families. The Full Bench also noted that the award's provisions were not overly burdensome on employers, as they provided for a range of flexible working arrangements that could be negotiated between employers and employees. The Full Bench dismissed the employer's appeal and upheld the award's provisions.

The Full Bench further found that the award's provisions were necessary to achieve a fair work outcome, as they promoted a culture of flexibility and accommodation in the workplace. The Full Bench emphasised that such provisions were an important tool for achieving gender equality and promoting the participation of women in the workforce. The Full Bench also noted that the award's provisions were consistent with international trends towards greater flexibility and work-life balance in the workplace. The Full Bench dismissed the employer's appeal and upheld the award's provisions.

Family Friendly Work Arrangements

STATEMENT

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established