The Code of Practice for the right to request flexible and remote work has been released. Now that these two rights are in effect, employees can request these entitlements.

So, do you know what your obligations are, as an employer? And do you understand how to stay compliant with the new legislation?

Below, employers can find an overview on the basics to know to help prepare.

What are the rights to request remote and flexible work?

The right to request flexible working and the right to request remote working are the last two of five statutory parts to come into effect within the Work Life Balance and Miscellaneous Provisions Act 2023.

While many of the same guidelines apply to these two entitlements, they are indeed separate.

Flexible Working is defined as where an employee’s working hours or working patterns are adjusted. This includes flexible working schedules, reduced working hours, or even remote working. What’s more, the right to request flexible working only applies to parents and to those acting in loco parentis or guardians as defined by the Act.

Meanwhile, Remote Working is an arrangement between employer and employee where the work is carried out at a location other than at the employer's place of work. This is done without any change to the employee's ordinary working hours.

What is the Code of Practice?

Drafted by the Workplace Relations Commission (WRC), the Code of Practice is to provide practical guidance for businesses and their staff when handling a request for flexible or remote work.

It is separated into three sections. The first two sections are Flexible Working (FW) and Remote Working (RW), and they lay out guidelines for employees and employers to follow while requesting or receiving requests flexible or remote working arrangements.

The last section consists of Policy and Templates. Here, employers can find templates to use for relevant documentation, such as a Work Life Balance Policy, a Flexible Working request application, and a Remote Working request application.

What are the basics for employers to stay compliant?

The Code of Practice is a comprehensive document outlining all that employers and employees need to know. Here are the headlines that employers should know.

First, the document outlines the definition for flexible and remote work and provides the details who can apply and when.

The Code also contains important timelines and procedures for employers and employees to follow when a request is made, as well as the consequences for not doing so.

Failure to follow the timelines and procedures and failure to keep records could result in an award of up to 20 weeks remuneration and/or a costly fine/summary conviction.

Additionally, the Code of Practice includes information on situations such as

• The abuse of any new working arrangements,
• The need to modify new working arrangements,
• The need for the employee or employer to terminate the new working arrangements,
• And more.

Do employers have to accept a request for flexible or remote work?

No, employers are not obligated to accept requests for remote or flexible work.

Still, it’s important to remember that a response must be delivered to the employee, in writing, within four weeks of their request.

The three responses an employer can give are:

• Acceptance: here, the employer must produce a written document with the relevant details for the employee to sign.
• Refusal: here, the employer must lay out their reasoning in writing.
• Extension: here, the employer may request up to four more weeks to consider their decision, which they must also do in writing.

How can an employer decide how best to respond to a request?

Overall, employers are advised to weigh their employees’ circumstances and rationale for these requests against their own business needs.

In addition, the Code of Practice provides tangible questions that employers may ask themselves when deciding whether to approve or reject a request.

This list of possible considerations ranges from the type of work carried out to employee skills, performance, role clarity, and more.

How should employers prepare for requests for flexible or remote work?

It’s advised that employers introduce a policy covering the right to request flexible and remote working.

If business owners already have relevant documentation in place, it’s then recommended they review it with this Code of Practice in mind.

Do you have any additional questions? Would you like help creating or reviewing a policy to align with the right to request flexible and remote work?

For 24/7 expert knowledge, employers can reach our HR consultants at our complimentary advice line at 1800 719 249.