Changes to the Victorian Equal Opportunity Act came into effect on 1 September 2008. Under these amendments to the Act employers are required to ‘seriously consider’ flexible working arrangements for those with family responsibilities. Employers must not ‘unreasonably refuse’ flexible working arrangements for workers with family responsibilities.

This will make it easier for members to request part-time hours, to work from home on some tasks, and to change start and finish times, or rosters, and working additional hours to make up unpaid time taken for personal or carer reasons.

While the amendments cannot force employers to accede to requests, it requires them to be reasonable. This is a step forward in relation to some employers with whom we deal on behalf of members. If an employer unreasonably refuses a request for flexible work arrangements on account of family responsibilities, then the employee is able to make a complaint of discrimination to the Victorian Equal Opportunity & Human Rights Commission. Any member who is unreasonably refused a request to adjust their working patterns to deal with family responsibilities should contact the office for advice.

Return to work from maternity leave issues come to us on a regular basis. Often the employer refuses to be reasonable about a member returning on a part-time basis at the times and on the days or shifts that fit in with parenting responsibilities. We are generally able to negotiate acceptable outcomes for members: the amendments to the Equal Opportunity Act provide us with another avenue to address problems with return to work after maternity leave for members.