(1) This policy outlines the University of Western Sydney's commitment to the prevention and elimination of unlawful discrimination on the grounds of family/carer's responsibilities as required under the Commonwealth Sex Discrimination Act 1984 and the New South Wales Anti-Discrimination Act 1977. (2) The policy also outlines the Fair Work Act 2009 provisions that allow eligible employees to request flexible working arrangements and incorporates the flexible working arrangements outlined in the UWS Staff Agreements. (3) This policy works in conjunction with existing policies and practices that support employees to apply for flexible work arrangements. (4) For the purpose of this policy: (5) The University of Western Sydney (UWS) recognises the need for employees to balance work and family/carer's responsibilities and the need to prevent and address unlawful discrimination against employees with these responsibilities. (6) Unlawful discrimination, including harassment, on the basis of family/carer's responsibilities is unacceptable at UWS and any such behaviour by a member of the University community will not be tolerated and will be dealt with according to this policy. (7) At UWS, work arrangements should be inherently flexible to avoid direct and indirect unlawful discrimination on the basis of family/carer's responsibilities. That is, the application of flexibility and reasonableness when considering working arrangements enables all employees, including employees who have family/carer's responsibilities, to request access to conditions of employment which allow a balance work and family/carer's responsibilities. (8) The University will undertake all reasonable efforts to accommodate the needs of employees with family/carer's responsibilities and support them to fulfil the inherent requirements of their position. (9) Where the University is unable to accommodate the needs of the employee with family/carer's responsibilities, this will only be based upon the relevant test of unjustifiable hardship or reasonable business grounds. (10) Under both the Commonwealth Sex Discrimination Act 1984 and the New South Wales Anti-Discrimination Act 1977 it is unlawful to: (11) It is not unlawful discrimination by UWS against an employee with family/carer's responsibilities, if taking into account the person's training, qualifications experience performance, and all other relevant and reasonable factors, the person because of their family/carer's responsibilities: (12) In determining what constitutes unjustifiable hardship, all relevant circumstances of the particular case are to be taken into account, including: (13) A decision of unjustifiable hardship must be based on the facts of the situation, and not assumptions, and there must be consideration of alternative arrangements which would assist the employee with family/carer's responsibilities to perform the inherent requirements of their position. (14) A defence of unjustifiable hardship would be difficult in most cases to succeed at an organisation as large as UWS. The measurement of this test will go to the whole organisation not to the work unit in question. (15) The University considers arrangements for employees with family/carer's responsibilities under the applicable UWS Staff Agreement provisions and other employment policies and practices which enable flexible working arrangements. (16) The University's Staff Agreements contain a number of flexibility measures including flexible hours and personal leave that employees can access to fulfil their family/carers responsibilities. (17) An employee, who has family/carers' responsibilities and is unable to access flexible working arrangements under a UWS Staff Agreement or other UWS employment related policies and practices, may request flexible working arrangements from their manager/supervisor under this policy. (18) The types of flexible working arrangements available for employees with family/carers' responsibilities can include but are not limited to: (19) In addition to the measures outlined above, the Fair Work Act 2009 allows for an employee who is a parent, or who has responsibility for the care of a child, to request from their manager/supervisor a flexible working arrangement. (20) A request under the Fair Work Act 2009 may be made by an employee to assist them to care for their child if the child is: (21) Examples of changes in working arrangements include: (22) Employees are not entitled to make the request under the Fair Work Act 2009 unless they have completed at least 12 months of continuous service at UWS immediately before making the request. (23) Casual employees are entitled to make a request under the Fair Work Act 2009 if: (24) Employees with school age children are entitled to make request regarding their family responsibilities under a UWS Staff Agreement or other UWS employment related policies including this one. (25) It is the responsibility of an employee with family/carer's responsibilities seeking flexible working arrangements to make a request according to the following procedures: (26) The manager/supervisor will give genuine consideration to the request for flexible working arrangements and the proposals put forward by the employee. (27) The employee and the manager/supervisor must meet in person to discuss the request within 14 calendar days of a written submission being made and where possible reach an agreement that balances both work needs and the employee's family/carer's responsibilities. Direct and personal communication is required. (28) The aim of this meeting is to clarify the flexible working arrangements required by the employee and for the manager/supervisor to raise any concerns they may have with the request. (29) If there are reasonable concerns from the manager/supervisor about the proposed flexible working arrangement, alternative arrangements must be considered and discussed at this meeting. (30) If the manager/supervisor is uncertain about the request or is considering not approving the request they must consult with UWS Equity and Diversity Unit or the Office of People and Culture. (31) Within 21 calendar days of this meeting, the manager/supervisor must provide the employee a written response to the request, stating whether they grant or refuse the request, and providing reasons for their decision. (32) A refusal of a request for flexible working arrangements must only be made in terms of either unjustifiable hardship or reasonable business grounds, the latter applicable only if the request falls under the Fair Work Act 2009 provisions. (33) A refusal of a request for flexible working arrangements should where possible also include consideration of alternative arrangements to that requested by the employee. (34) Employees have a responsibility to immediately inform their manager/supervisor when they cease their role as a carer or if there are changes in their carers' role. (35) Where approved, there should be at least an annual review of the agreement to ensure that the employees' family/carers' responsibilities and the University's needs are being met. (36) Where practicable a dispute as to the application of this policy should be resolved informally through discussion with their supervisor. (37) If an employee makes a reasonable request for flexible working arrangements under this policy and unlawful discrimination can be alleged, the procedures in the UWS Discrimination, Harassment, Vilification and Victimisation Prevention Policy can be used to deal with the issue. (38) In the case of alleged unlawful discrimination, an employee may also make a complaint to the following external organisations: (39) If there is dispute under a UWS Staff Agreement in relation to a request for flexible working arrangements, the Dispute Settlement provisions in the Agreements can be used to deal with the issue. (40) If a manager/supervisor refuses a request for flexible working arrangements and does not follow the procedures outlined in this policy, the employee can make a formal complaint under the process outlined in the Complaint Handling and Resolution Policy. (41) If a manager/supervisor does not follow the procedures outlined in Section 3 Part B of this policy, an employee can either follow the Dispute Settlement provision in the UWS Employment Agreements or make a complaint to either the Fair Work Ombudsman or Fair Work Australia. (42) Executives and Senior Managers: (43) Managers and Supervisors: (44) Employees with Family/Carer's Responsibilities: (45) The Equity and Diversity Unit (EDU): (46) Federal Laws/Guidelines: (47) State Laws/Guidelines:Family Responsibilities in the Workplace Policy
Section 1 - Purpose and Context
Section 2 - Definitions
Top of PageSection 3 - Policy Statement
Part A - Unlawful Discrimination
Part B - Flexible Working Arrangements at UWS
Part C - Requests for Flexible Working Arrangements under the Fair Work Act 2009
Section 4 - Procedures
Part D - Procedures for Requesting Flexible Working Arrangements
Part E - Procedures for Dealing with Breaches of this Policy
Section 5 - Guidelines
Part F - Your responsibility as Executive or Senior Manager
Part G - Your responsibility as Manager and Supervisor
Part H - Your responsibility as an Employee with Family/Carer's Responsibilities
Part I - Responsibility of the Equity and Diversity Unit
Part J - Relevant Laws/Guidelines
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