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Cbus’s flexible work request obligations go too far

We understand Cbus is requiring employees to sign an additional acknowledgement when they request a flexible working arrangement

This acknowledgement contains obligations that go beyond what is legally required under the Fair Work Act and our Enterprise Agreement.

Our union has called on Cbus to withdraw this requirement and to explain their process for dealing with FWA requests.

The additional obligations appear to require:

  • a continuous and ongoing assessment of whether the FWA meets “the needs of the business”. This assessment imposes a different (and higher) threshold than the Act provides for an employer to reject a request on reasonable business grounds.
  • the approval of the People Leader – but it is unclear how this relates to Cbus’s assessment of the request.
  • that the FWA meet the needs of the employee, their team, and Cbus’s “strategic priorities” – an assessment that is impossible for an employee to make.
  • a level of flexibility outside the approved FWA. This is not consistent with how FWAs work, and any flexibility to accommodate business needs must be built into the FWA.

Remember, all Cbus employees can request an FWA. Cbus may only reject your request by complying with requirements under our Enterprise Agreement and the Act.

If you have any concerns about your FWA request, contact the FSU at [email protected] or call 1300 366 378.

We’ll keep you updated on Cbus’s response to our request.

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