• Section 1 -  Purpose
• Section 2 - Application and Scope 
• Section 3 - Principles
• Section 4 - Eligibility
• Section 5 - Types of Flexible Work Arrangements
• Section 6 - Requesting a Flexible Work Arrangement
• Section 7 - Considering a Flexible Work Arrangement
• Section 8 - Ceasing a Flexible Work Arrangement
• Section 9 - Roles and Responsibilities
• Section 10 - Definitions

Section 1 -  Purpose

(1) This Procedure sets out the University of Wollongong’s (the University) requirements for requesting and considering formal flexible work arrangements.

Section 2 - Application and Scope 

(2) This Procedure applies to:

1. fixed term and continuing staff of the University; 
2. casual staff where mentioned; and
3. processes in relation to the application for a flexible working arrangement.

(3) This Procedure does not apply to:

1. persons who hold honorary appointments and academic visitors to the University;
2. staff who are approved or required to work overseas or interstate on University business;
3. other entities controlled by the University; and
4. staff employed at campuses of the University outside of Australia.

(4) This Procedure supports the Employment Life Cycle Policy, which sets out the objectives for the University’s management of the employment relationship with its staff.

Section 3 - Principles

(5) This Procedure should be read in conjunction with the relevant provisions in the Enterprise Agreements and any arrangement must consider the legislative and industrial provisions relating to flexible work as outlined in the National Employment Standards and as set out in the Fair Work Act 2009. 

(6) The University recognises flexibility is a key enabler of staff equity and inclusion and facilitates attraction, progression and engagement of a high-performing, diverse and inclusive workforce.

(7) Participation in flexible work arrangements is voluntary and at the request of the staff member. 

(8) Requests for flexible work will be considered in relation to:

1. the individual needs of the staff member;
2. the terms and conditions of the staff member’s employment and job requirements; and
3. the operational requirements of the work area.

(9) All requests for a flexible working arrangement will be considered but may be refused on reasonable business grounds.

Section 4 - Eligibility

(10) Staff members requesting a flexible work arrangement should consult with their Supervisor and meet the requirements of the relevant enterprise agreements.

(11) Academic staff may request flexibility around teaching availability including changes to work times and locations. These changes will only be considered where practicable, ensuring that the changes reasonably meet the requirements of the University.

(12) For the purposes of this Procedure, a formal flexible work arrangement is distinct from  a remote working request. See the Remote Working Guideline for the process of requesting a remote working arrangement.

Section 5 - Types of Flexible Work Arrangements

(13) Under the Fair Work Act 2009 staff are eligible may make a request for a flexible working arrangement if they:

1. are pregnant;
2. have a disability;
3. are a parent, or have the responsibility of a school age or younger child;
4. are 55 or older;
5. are experiencing domestic or family violence;
6. are a carer for someone with a disability, medical condition or mental health condition.

(14) Under the Fair Work Act 2009, a casual staff member may only request a formal flexible work arrangement if the casual:

1. has been regularly and systematically employed by the University for a sequence of periods of at least 12 months;
2. has a reasonable expectation of continuing work with the University on a regular and systematic basis; and
3. has a personal attribute or is experiencing any situation as listed in clause 15 above.

(15) Flexible work arrangements may include (but are not limited to):

1. remote working;
2. job sharing, part time or reduced hours;
3. changes to hours of work;
4. career breaks;
5. compressed work schedule; and
6. part year employment.

Section 6 - Requesting a Flexible Work Arrangement

(16) The staff member will discuss the requirements for a flexible work arrangement with their Supervisor. Supervisors should be prepared to consider other options that will meet both the needs of the individual, the inherent requirements of the role and the work unit's requirements.

(17) The staff member will submit a Flexible Work Arrangement Request Form to their Supervisor. The form will include the flexible work arrangement requested, including the duration and reasons for the request.

(18) The Supervisor will consider the request and provide a written response to the staff member as to whether the request is approved or not approved within 21 days. If the request is not approved, the written response will include the reasons, which must be based on reasonable business grounds.

(19)  The Supervisor may engage with the relevant People and Culture Business Partner or Advisor to assist in determining the response.

(20) The Supervisor will send the Flexible Work Arrangement Request form and written response to People and Culture Operations via the People and Culture Help Desk for processing (if necessary) and storing on the staff member’s employment file.

(21) The staff member and Supervisor will review a flexible work arrangement three months after commencement to ensure the arrangement is working for both the staff member and the University.

(22) After the initial review, the flexible work arrangement will be reviewed annually as part of the staff members performance conversation.

(23) Academic staff wishing to request flexibility around teaching availability must complete the Restricted Teaching Availability Form.

Section 7 - Considering a Flexible Work Arrangement

(24) Requests for flexible work arrangements may only be refused if the University is unable to accommodate the request on the following grounds:

1. the arrangement will likely have a negative impact on service delivery, efficiency, performance or productivity;
2. health and safety considerations;
3. additional costs to the University;
4. impact on other staff members; or
5. the impracticality of recruiting a new staff member to accommodate the requested flexible work arrangement.

(25) Where the University seeks to change a staff members flexible work arrangement, including a termination of the arrangement, this must be made with 28 days written notice to the staff member.

(26) If a staff member's request for a flexible work arrangement is declined, their Supervisor will provide written reasons for the decision. A meeting may then be scheduled with the staff member, their Supervisor, and a People and Culture Business Partner or Advisor to discuss the refusal and explore alternative options.

(27) Staff may apply for a review of the refusal decision under the applicable employment related grievance resolution channels, or via a People and Culture Business Partner or Advisor, to the Chief People and Culture Officer.

Section 8 - Ceasing a Flexible Work Arrangement

(28) Employees can request to end a flexible work arrangement by providing 28 days written notice to the Supervisor.

(29) The Supervisor may change a staff member’s flexible work arrangement, including ending the arrangement, for any of the reasons as outlined in Clause 26.

(30) The Supervisor will provide the staff member with 28 days written notice of the amendment or end of the flexible work arrangement and reason for this. 

(31) The notice periods above can be adjusted by agreement of both staff member and Supervisor.

Section 9 - Roles and Responsibilities

(32) Supervisors will be responsible for ensuring that staff members requests for flexible work:

1. meet the needs of the individual as well as the requirements of the University;
2. respond to requests for flexible work arrangements within 21 days;
3. ensure that advertised roles have a clear statement regarding whether flexible work options are available or not;
4. where necessary, intervening to resolve any issues or conflicts relating to workplace flexibility.

(33) Staff members are responsible for ensuring that when they undertake a flexible work arrangement that they adhere to the terms and conditions of their employment, University policies and any relevant legislation.

Section 10 - Definitions