The Power of Flexibility: New Legislation Encourages Genuine Consideration of Employee Requests

Sally Dillon • October 25, 2023

New Legislation Encourages Genuine Consideration of Employee Requests

When it comes to flexible working requests, changes are on the horizon. The Fair Work Legislation Amendment (Secure Jobs, Better Pay) Bill 2022, set to take effect on 6 June 2023, will introduce new obligations for employers, emphasising the importance of genuine consideration and open communication when handling employee requests for flexible working conditions. Let's explore how this legislation impacts decision-makers and the importance of adopting flexibility in the workplace.

Understanding the New Obligations

Under the upcoming legislation, employers will have to meet new obligations before making their final decision on flexible work requests. These obligations include:

Consideration of All Avenues: Employers must explore every possible avenue to adopt flexible working conditions that suit the employee's circumstances. This involves engaging in meaningful discussions with the employee to understand their needs.
Exploring Alternative Arrangements: If the initial request cannot be accommodated, the employer must make genuine efforts to find alternative arrangements that suit the employee's needs.
Written Response: Employers' responses to the requests cannot be verbal; they must be provided in writing, outlining the reasons for approval or denial.
Detailed Explanation: In the case of denial, the employer must provide a full and detailed explanation to the employee, clearly articulating the reasons for the decision.
Option for Dispute: Employers must inform employees that they have the option to dispute the decision with the Fair Work Commission (FWC) if they disagree with the outcome.

Learning from the Case of Ms. Natasha Fyfe

The recent FWC case of Ms. Natasha Fyfe v Ambulance Victoria – [2023] FWC 49 (6 January 2023) serves as a prime example of the importance of genuine consideration. Ambulance Victoria's refusal of Ms. Fyfe's flexible work request lacked adequate communication and consideration. As of 6 June 2023, the new legislation would require Ambulance Victoria and other employers to abide by the law and ensure comprehensive dialogue with employees when handling such requests.

Emphasising the Benefits of Flexibility

The case of Ms. Fyfe also illustrates the potential advantages of flexible working arrangements. Although Ambulance Victoria had valid concerns about ensuring two paramedics were on each shift, Commissioner Johns highlighted that Ms. Fyfe's request could be advantageous. By being a flexible spare, she could cover absences in other branches, benefiting the community and filling gaps in service. This showcases how adopting flexibility can lead to innovative solutions that benefit both the employee and the organisation.

A Collaborative Approach

With the new legislation, both employers and employees will be required to discuss and agree on proposed changes, ensuring a collaborative and transparent process. These agreements must be put in writing within 21 days of the initial request, fostering clarity and accountability.

Conclusion: Embracing a Flexible Future

As business owners, managers, or HR practitioners, embracing flexibility in the workplace is no longer optional. The new legislation urges employers to prioritise genuine consideration, open communication, and a collaborative approach when handling flexible work requests. By doing so, organisations can create a positive work environment, enhance employee satisfaction and productivity, and adapt to the changing landscape of modern work.

Remember, flexibility is not just a benefit for employees but an essential component of a progressive and successful workplace.

Need more help?

If you're unsure about how to navigate this issue or any other HR matter, here are the ways I can help you:

Click here to book a FREE 15 minute consultation to discuss your HR challenges.

Click here to book a HR Health Check.

Click here to join my mailing list to get more tips, advice and updates on all things HR and Leadership

< Older Post Newer Post >

Award and Pay Mistakes: Why 'Set and Forget' Could Cost Your Business Thousands

By Sally Dillon • March 31, 2025

Overview

Impending Overhaul of Bullying and Workers' Compensation Laws in New South Wales

By Sally Dillon • March 25, 2025

Overview

AI and ChatGPT can't be your HR manager.

Why ChatGPT Can’t Be Your HR Manager

By Sally Dillon • February 26, 2025

Can ChatGPT Replace HR? The Risks of AI-Generated HR Advice AI tools like ChatGPT are revolutionizing the workplace, but can they handle complex HR decisions, employee issues, or legal compliance? The short answer—not safely. Businesses that rely on AI for terminations, pay rates, workplace investigations, or employment contracts risk costly legal mistakes, financial penalties, and reputational damage. HR isn’t just about policies—it’s about human behavior, legal nuance, and ethical decision-making—things AI simply doesn’t understand. In this article, we explore real-world examples of AI-generated HR blunders and the hidden risks of trusting ChatGPT for critical people management decisions. Plus, we share insights on where AI can help—and where it absolutely shouldn’t. Read on to protect your business from HR disasters.

Why HR is Your Most Powerful Business Asset | Strategic HR & Leadership

By Sally Dillon • January 29, 2025

Introduction HR is one of the most misunderstood roles in business. Some believe HR exists to protect employees. Others think HR’s sole job is to defend the company. Both are wrong. And this misunderstanding is costing businesses money, trust, and talent. For over two decades, I’ve seen organisations sideline HR - treating them as a policy enforcer or an afterthought. The result? 🚨 Employees don’t trust HR. 🚨 Leaders fail to leverage HR strategically. 🚨 Businesses struggle with culture, retention, and performance. But here’s the truth: HR isn’t about sides. It’s about solutions. Great HR drives business outcomes by balancing people and performance. The question is: Are you using HR to its full potential? HR as a Strategic Powerhouse, Not Just a Policy Enforcer The best businesses don’t just "have" an HR department. They embed HR into leadership decisions. HR isn’t just about hiring, firing, and compliance - it’s about: ✅ Shaping culture and engagement (which directly impacts performance). ✅ Developing leadership capabilities (to create stronger teams). ✅ Driving strategic workforce planning (so you have the right people, in the right roles, at the right time). ✅ Maximising financial impact - because people are both your biggest cost and your greatest asset. If your HR function isn’t influencing leadership, growth, and profitability , you're leaving money on the table. HR as a Key Voice on Your Leadership Team Many leadership teams still treat HR as a support function rather than a core business driver. That’s a mistake. Your Chief People Officer (CPO) or HR Director should have the same level of influence as your CFO, COO, or Head of Sales. Why? Because your people strategy IS your business strategy. 🔹 You wouldn’t make financial decisions without consulting your CFO. 🔹 You wouldn’t make operational changes without your COO’s input. 🔹 So why make leadership and talent decisions without HR at the table ? And yet, in many businesses, HR reports to finance, operations, or admin - departments that have their own agenda when it comes to assessing people needs, budgets, and workforce requirements. HR should report directly to the CEO, or Business Owner to ensure people strategy is aligned with business strategy - not just budget constraints or operational efficiency. Because when HR is filtered through another department’s lens, critical workforce decisions become secondary to financial targets, logistical priorities, or admin processes. If your HR leader doesn’t report directly to the top, you may be unknowingly limiting their ability to drive real business outcomes. Are You Using HR to Its Full Potential? Take a moment and ask yourself: ❓ If you have an in-house HR team, are you using their skills and expertise across all areas of your business? Or are they stuck in admin-heavy tasks, when they could be driving strategic initiatives? ❓ If you’re a small or medium business and don’t have in-house HR, why haven’t you partnered with an external consultant? What’s stopping you from leveraging the expertise that could transform your business? In larger businesses, HR should go beyond just ‘HR.’ Under an expanded People & Culture framework, HR should oversee: ✔ Training & Development – ensuring leaders and employees are constantly upskilling. ✔ Work Health & Safety – making compliance, risk management, and employee wellbeing a priority. ✔ Recruitment & Talent Strategy – not just filling roles but attracting and retaining top performers. ✔ Major Projects & Change Management – ensuring workforce alignment with organisational shifts. In smaller businesses , these functions can be outsourced or strategically managed by an external HR consultant working directly with the business owner. This ensures a strong, aligned people strategy, while certain operational roles (finance, admin, or operations) may take on specific HR tasks - as long as they receive the right training, support, and strategic direction. HR isn’t just a department - it’s an investment in your business’s future. Whether in-house or external, make sure your HR function is working at a strategic level, not just buried in paperwork. HR’s Impact on the Bottom Line People aren’t just a cost centre - they are a profit driver. 📊 Labour is often one of the largest expenses in a business - so managing it strategically impacts profitability. 📊 Engaged employees are 23% more profitable , according to Gallup. 📊 Turnover costs 50-200% of an employee’s salary - losing top talent is expensive. When HR has a strategic voice in leadership , businesses see: ✔ Stronger alignment between business goals and people strategy. ✔ Faster, smarter hiring that supports growth. ✔ Better leadership development , reducing costly turnover. ✔ More effective workforce planning , so salaries, training, and hiring are investments—not wasted costs. Final Thought: HR is Not a Department - It’s a Business Growth Lever If your HR function feels like a compliance department , you’re doing it wrong. HR should be a leadership asset , helping your business make smarter, people-focused decisions. So, here’s my challenge to you: 📌 If you’re a CEO or MD - bring HR into the strategy conversation early and often. 📌 If you’re a leader - use HR as a coaching and development resource, not just a policy checker or problem fixer. 📌 If you’re in HR - push for a strategic role in leadership, not just operational support. Because when HR and leadership align , businesses don’t just succeed. They thrive. Want to Develop Stronger, More Strategic Leaders? If you’re serious about building leadership capability in your business, let’s talk. My Leadership Dynamics Accellerator Program helps CEOs, Business Owners, Leaders and HR teams create high-performing leaders who know how to balance people and performance. 📅 Book a free leadership triage call to see how we can help here . 🚀 Save your spot in our next Leadership Dynamics Accelerator Program here . 📩 Send us an email for more information here . Let’s build something stronger - together.