Article by The Courier-Mail

EMPLOYERS and their businesses run the risk of being “named and shamed” on social media sites if they fail to manage new workplace flexibility laws properly, a Brisbane workplace lawyer has warned.

Brad Petley, workplace relations and safety partner at Holman Webb, says employers who have not prepared for r2r – the right of workers to request flexible work practices – could suffer business brand and bottom line damage.

The r2r provisions came into effect on January 1 as part of the National Employment Standard under the Fair Work Act 2009.

While workers have always been able to request more flexible working hours or arrangements, what’s new about this law is that it makes it much harder for employers to refuse.

Employers face fines of up to $6600 for non-compliance and claims of discrimination or adverse treatment.

It’s an evolutionary step in employer-employee relationships, allowing millions of workers a genuine chance to capture that ever-elusive work-life balance.

But because the economic downturn dominated business attention throughout much of 2009, many bosses are neither prepared for r2r nor aware of its potential implications.

“Under the r2r, a request for flexibility must only be refused on reasonable business grounds,” says Juliet Bourke, workplace lawyer at Aequus Partners.

“Our research showed that the majority of managers lack confidence in their ability to implement this test.”

And though millions of mum and dad workers welcome the provisions, Petley says many people have unrealistic expectations.

“That’s because some reports in the media have been light on detail and seemed to indicate it was a carte blanche, that any flexible work arrangement is simply a matter of submitting an application,” he says.

“That’s not right.”

More than that, Petley warns that ill-founded r2r applications which are refused can cause disharmony in the workplace and even “naming and shaming” of businesses through the social media.

“I can see a disenchanted employee, who feel the refusal of their request is unreasonable, getting on Facebook or Twitter and saying their employer turned down their request,” Petley says.

“It has potential to be very damaging to the employer’s brand as well as his or her business.”

Petley says employers need to communicate to employees what their rights actually entail to prevent them relying on potentially inaccurate information from other sources.

Rather than creating hostility in the workplace, the intention of the new standard is to generate discussion between the parties and the Australian Council of Trade Unions says flexible working arrangements are a win-win situation.

“For workers, they help balance work and family, particularly for parents of pre-school age children during the pick-up and drop-off from childcare, and of children under-18 with a disability,” says an ACTU spokesman.

“Flexible working arrangements can also benefit businesses by increasing staff retention, reducing absenteeism, and achieving greater productivity through increased employee job satisfaction.”

Employees have the right to ask for changes like different starting or finishing times or working from home and employers have the right to refuse these requests but only on “reasonable business grounds”.

That includes an inability to organise work among existing staff or an adverse impact on efficiency, productivity or customer service.

Rather than simply refusing applications, Petley urges employers to come up with alternatives.

“I think some employers will simply see this as too hard,” he says.

“But employers need to abandon antiquated notions and remember that we work in progressive, modern workplaces now.

“It’s up to employers to recognise that employees have a life outside of work with relevant commitments.

“Employers commonly talk about how hard it is to recruit and retain good employees.

“This is one very effective means.”

More info at Fair Work Australia at www.fwa.gov.au or 1300 799 675 and Unions Australia on 1300 4 UNION.

Next blog will have details on WHAT EMPLOYERS NEED TO KNOW ABOUT r2r