Q & A

Dear Michelle

Under Section 65 of the Fair Work Act 2009, you may request to work a flexible working arrangement because of: pregnancy; caring responsibilities of a school-aged child or younger; you are a carer; you have a disability; you are aged 55 or older; are experiencing family or domestic violence; or returning to work from a period of parental leave.

The request must be made in writing to your employer, outlining:

• the circumstances for your request
• that you are seeking a change in your employment becauseof those circumstances
• the details of the change, and/or
• the date of return to your current position.

Your union can assist you with drafting a letter to your employer requesting a flexible working arrangement. Once you are satisfied with the letter, it would then be forwarded to your employer.

After receiving your request, your employer must hold a discussion with you regarding your request for a flexible working arrangement. If after that discussion, the employer must confirm in writing, within 21 days, either their acceptance or refusal of the request.

If the details of the change differ from your request, and the employer agrees, then the details of the flexible working arrangement must be confirmed in writing.

If the employer refuses your request for a flexible working arrangement, it must be on ‘reasonable business grounds’. Employers might argue that it is too costly for the employer or there is no capacity to change the working arrangements of other employees to accommodate the new working arrangements requested.

If you disagree with the employer’s refusal, then a dispute may be raised with the Fair Work Commission regarding your request for a flexible working arrangement.

We recommend that you contact your union about your request for a flexible working arrangement.

Monique

Dear Kelly

In the case of a casual employee, the equivalent of a full-time year of teaching service is 200 full casual days or 1520 hours (7.6 hours x 200). For you to progress to a Level 3 you must accumulate a total of 600 full casual days. You must keep accurate records of the hours you work from each of the centres.

Once you have reached the 600 full casual days you will need to provide the evidence in writing to your employers.

It is a teacher’s responsibility to keep accurate records of the hours they work when they are progressing through the salary levels. Always request a Statement of Service when you leave a service. A Statement of Service is a document confirming you were employed by the centre and provides brief details regarding your employment. These details include your position, period of service and a summary of the duties performed and can be used as evidence when applying for other teaching positions to establish your level of pay or for any underpayments of salary.

For further information see bit.ly/3qP0qjc.

Tina