Flexible working arrangements and unpaid parental leave disputes

TAPSThe Fair Work Commission has issued a statement about two new dispute types the Commission will be able to deal with from 6 June 2023.

These are disputes relating to requests for:

  • flexible working arrangements and
  • extension of unpaid parental leave.

Both of these changes will take effect from 6 June 2023 and were part of the Fair Work Legislation Amendment (Secure Jobs Better Pay) Act 2022.

The two amendments were made so that the same rights of enforcement and dispute resolution are extended to requests for flexible working arrangements or an extension of unpaid parental leave.

When certain employers and employees cannot agree on a solution at the workplace level, the Fair Work Commissioner is able to deal with a dispute about a request for an extension of unpaid parental leave.

They may do this by conciliation, mediation, or mandatory arbitration if necessary.  

To support these changes, they are: 

  • creating new forms
  • updating their website guidance, and
  • will review existing modern award terms dealing with requests for flexible working arrangements.

To view this statement, please visit the below link: FWC – Statement about flexible working arrangements and unpaid parental leave disputes

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