Fair Work Act Section 65 Flexible work: Section 3 Flexible work: 2009 (Cth) Definition of care responsibilities object of this Act is Limitation: ‘The for the purposes of flexible work All parents of children to provide a balanced Fails to recognise request s up to school age. framework for cooperative other care and productive workplace relationships for may request change in Parents of children relations that promotes adults. ‘Employee working arrangements with a disability up to national economic (1) An employee who is a parent, age 18. prosperity and social or has responsibility for the care, inclusion for all of a child may request the Australians by: employer for a change in working (a) providing workplace arrangements to assist the relations laws that are fair employee to care for the child if to working Australians, the child: are flexible for (a) is school age; or businesses, promote (b) is under 18 and has a productivity and economic disability. growth for Australia’s Note: Examples of changes in future economic prosperity working arrangements include and take into account changes in of work, changes Australia’s international in patterns of work and changes in labour obligations; and location of work.’ (b) ensuring a guaranteed Parental leave: safety net of fair, relevant Limitation: Section 70 All parents with and enforceable minimum Definition of parent for purposes of responsibility for care terms and conditions Does not specify what unpaid parental leave of child. (For up to through the National responsibility for a three weeks both Employment Standards, child means (ie what employee is entitled to 12 parents may have modern awards and level of responsibility ‘An months of unpaid parental if: concurrent leave) national minimum wage is required) (a) the leave is associated with: orders; and (i) the birth of a child of the (c) ensuring that the employee or the employee’s guaranteed safety net of spouse or de facto partner; or fair, relevant and enforceable minimum
Fair Work Act 2009 (Cth) Section 65 Definition of care responsibilities for the purposes of flexible work request s ‘Employee may request change in working arrangements (1) An employee who is a parent, or has responsibility for the care, of a child may request the employer for a change in working arrangements to assist the employee to care for the child if the child: (a) is school age; or (b) is under 18 and has a disability. Note: Examples of changes in working arrangements include changes in of work, changes in patterns of work and changes in location of work.’ Section 70 Definition of parent for purposes of unpaid parental leave ‘An employee is entitled to 12 months of unpaid parental if: (a) the leave is associated with: (i) the birth of a child of the employee or the employee’s spouse or de facto partner; or Flexible work: All parents of children up to school age. Parents of children with a disability up to age 18. Parental leave: All parents with responsibility for care of child. (For up to three weeks both parents may have concurrent leave) Section 3 ‘The object of this Act is to provide a balanced framework for cooperative and productive workplace relations that promotes national economic prosperity and social inclusion for all Australians by: (a) providing workplace relations laws that are fair to working Australians, are flexible for businesses, promote productivity and economic growth for Australia’s future economic prosperity and take into account Australia’s international labour obligations; and (b) ensuring a guaranteed safety net of fair, relevant and enforceable minimum terms and conditions through the National Employment Standards, modern awards and national minimum wage orders; and (c) ensuring that the guaranteed safety net of fair, relevant and enforceable minimum Flexible work: Limitation: Fails to recognise other care relationships for adults. Limitation: Does not specify what responsibility for a child means (ie what level of responsibility is required)
UnpaidcaringVOL2_2013.docx