Eric Abetz (Tasmania, Liberal Party, Shadow Minister for Employment and Workplace Relations) Share this | Link to this | Hansard source

asked the Minister for Employment and Workplace Relations, upon notice, on 19 April 2012:

With reference to Part 6 of the Administrative Arrangements Order, relating to workplace relations policy development, advocacy and implementation:

(1) Can all materials be provided that have been produced by the Department of Education, Employment and Workplace Relations (DEEWR) since 2007 that promote:

(a) flexible workplace relations policies and practices; and

(b) workplace productivity, including in each case details of:

  (i) the distribution of these materials, and

  (ii) how many of each has been produced and distributed.

(2) Can details be provided of what labour market research is coordinated by the department, including a breakdown of the:

(a) number of staff involved in the research; and

(b) total cost of preparing each item of research.

(3) How many briefs have been prepared for the Department of the Prime Minister and Cabinet that relate to DEEWR Outcome 5.

Joe Ludwig (Queensland, Australian Labor Party, Minister for Agriculture, Fisheries and Forestry) Share this | Link to this | Hansard source

The Minister for Employment and Workplace Relations has provided the following answer to the honourable senator's question:

Question (1)(a) and (b)

The Department of Education, Employment and Workplace Relations (DEEWR) has produced various materials that promote flexible workplace relations policies and practices and workplace productivity. In addition, DEEWR has contributed to material developed by the Fair Work Ombudsman (FWO) and developed material used during the Fair Work Education and Information Program (FWEIP) in 2009.

As part of the 2009-10 National Work Life Balance Awards, DEEWR published a variety of documents including a finalists booklet, application form, guidelines for applicants and selection criteria and a general information fact sheet. These documents were distributed both in hard copy and via the public DEEWR website which contains information on DEEWR programs including the National Work-Life Balance Awards. A copy of the National Work-Life Balance Toolkit is provided at Attachment A, available from the Senate Table Office

The DEEWR website also promotes other programs regarding the Department's work on flexibility in the workplace including the Fresh Ideas for Work and Family program which ran from 2009-2011. The DEEWR website also contains a number of fact sheets on the Fair Work System including the Fair Work Act 2009 – an overview, which provides information on how the Fair Work Act 2009 provides a balance between work and family life. Further, the DEEWR website contains information on the Government's current workplace relations flexibility policies such as Paid Parental Leave and assistance to employees experiencing domestic violence. Please refer to the DEEWR website at:

http://www.deewr.gov.au/WorkplaceRelations/Pages/default.aspx.

While DEEWR has overarching responsibility for workplace flexibility policy, the Fair Work Ombudsman (FWO) has responsibility for educational and promotional activities regarding the Australian Government's Fair Work system including flexible working arrangements, however DEEWR does provide assistance to the FWO on the development of these materials as necessary.

As part of the Government's commitment to providing support to employees with family responsibilities, the FWO has developed a number relevant factsheets and Best Practice Guides to assist small to medium-sized businesses in implementing best practice initiatives. These include best practice guides on use of individual flexibility arrangements, work and family and parental leave. The guides highlight key aspects of the federal workplace relations system, provide information on best practice concepts, strategies on how these concepts can be implemented and the benefits for the business in doing so. These guides are accessible at:

http://www.fairwork.gov.au/BestPracticeGuides/03-Use-of-individual-flexibility-arrangements.pdf

http://www.fairwork.gov.au/resources/best-practice-guides/pages/work-and-family.aspx and

http://www.fairwork.gov.au/resources/best-practice-guides/pages/parental-leave.aspx.

The FWO has also produced a best practice guide on "Improving Workplace Productivity Through Bargaining." This guide is available on the FWO's website at:

http://www.fairwork.gov.au/resources/best-practice-guides/pages/improving-workplace-productivity-through-bargaining.aspx.

Fact sheets were also produced by the Department based on material provided to FWEIP providers in 2009. A number of these fact sheets included references to flexible working arrangements, including details about the right to request flexible working arrangements and the requirements that enterprise agreements must include a flexibility term. Extracts from relevant FWEIP fact sheets are provided at Attachment B.

It is not possible for the Department to readily identify how many copies of the various materials referred to above were produced and printed for public distribution. Any estimate would require considerable departmental resources to determine.

Question (2)(a) and (b)

In terms of labour market research relating to workplace relations policy development, advocacy and implementation, the Department is providing funding for an Australian Research Council Linkage Project relating to flexible work in Australia. The study is focused on identifying flexibilities that enable workforce participation and skill development and use, and their implications for work-life outcomes in Australia. The total amount of funding to be provided is $255,000, supplemented by an in-kind contribution of $30,000 (GST exclusive). The Department does not collect the number of individual staff working on research projects.

Question (3)

DEEWR has not prepared any briefs for the Department of the Prime Minister and Cabinet. Briefing relating to DEEWR Outcome 5 is provided to the Minister for Employment and Workplace Relations. It would be at the Minister's discretion to forward any such briefing to an interested Minister or their Department.

Attachment B

Extract Fact Sheet 1—Compliance with FWA Employers

What are the new provisions for parents requesting flexible working arrangements?

Eligible employees who are parents or who have caring responsibilities for children who are under school age, or children under 18 who have a disability, have the right to request flexible working arrangements, such as changes to their:

A request for flexible working arrangements must be made in writing, setting out the details of the change(s) sought and the reason(s) for the request. Employers have 21 days to provide a written response to the requesting employee, including reasons for the decision. Requests can only be refused on reasonable business grounds.

Where a request is refused by an employer, Fair Work Australia or another authorised party can be asked to resolve the refusal, so long as an enterprise agreement, contract of employment or other agreement that is in place permits them to do so.

Extract Fact Sheet 2—Entitlements—I am a parent. Can I request flexible working arrangements?

Eligible employees who are parents or who have caring responsibilities for children who are

under school age, or children under 18 who have a disability, have the right to request

flexible working arrangements, such as changes to their:

hours of work

patterns of work

work location

A request for flexible working arrangements must be made in writing, setting out the details

of the change(s) sought and the reason(s) for the request. Employers have 21 days to

provide a written response to the requesting employee, including reasons for the decision.

Requests can only be refused on reasonable business grounds.

Where a request is refused by an employer, Fair Work Australia or another authorised party

can be asked to resolve the refusal, so long as an enterprise agreement, contract of

employment or other agreement that is in place permits them to do so.

Extract Fact Sheet 3—Collective Bargaining Framework:

What terms must be included in an enterprise agreement?

The following mandatory terms must be contained in all agreements:

Flexibility Term

Agreements are required to include a flexibility term. The "flexibility term" must enable an employee and his or her employer to agree to an individual flexibility arrangement. This arrangement would allow the employee and the employer to vary the effect of the agreement in relation to the individual employee and the employer in order to meet the genuine needs of both parties.

The flexibility term must set out the particular terms of the agreement which may be varied by an individual flexibility arrangement. The terms that are selected will be a matter for bargaining.

Extract Fact Sheet 4—Overview of Fair Work Australia

What will Fair Work Australia consider?

To approve an enterprise agreement, Fair Work Australia must be satisfied that certain

requirements have been met. This includes that:

the agreement has been made with the genuine agreement of the employee's covered

by the agreement;

the agreement passes the better off overall test (from 1 January 2010) and does not

include any unlawful terms or designated outworker terms;

the group of employees covered by the agreement was fairly chosen;

the agreement specifies a date as its nominal expiry date (not more than four years

after the date of Fair Work Australia approval);

the agreement provides a dispute settlement procedure; and

the agreement includes a flexibility clause and a consultation clause.

and one reference is made to 'productivity' as follows:

Extract Fact Sheet 5—Fair Work Ombudsman Overview

What are the functions of the Fair Work Ombudsman?

The functions of the Fair Work Ombudsman are to:

promote harmonious, productive and cooperative workplace relations;

promote and monitor compliance with the Fair Work Act 2009.