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Employee entitlements

Flexible work practices must be consistent with employee entitlements

Most employees have entitlements – such as pay, working hours and leave –which are set out in employment laws, awards and industrial agreements. Your employer has a legal obligation to provide you with those entitlements. For more information, call Wageline on 1300 655 266.

Are you in the State or national IR system?

Your employment entitlements may differ depending on whether you are covered by the State or national industrial relations system

Employees of larger organisations are generally covered by the national system. If you work for a small business, you could either come under the State or national system, depending on whether or not your employer is incorporated. If you’re unsure, call Wageline on 1300 655 266.

For national system employees, more information is available from the Fair Work Ombudsman.

Does your employer have to offer flexible work?

Some forms of flexibility are a legal employee entitlement. Common examples are:

  • leave associated with becoming a parent or caring for a child
  • the right to request  a variation in working hours in certain situations, such as on return from parental leave

These entitlements differ between the State and national IR systems.

It is important to find out what applies in your particular situation – you can do this simply by calling Wageline on 1300 655 266.

Many employers – especially larger organisations – also have their own flexible work policies which may provide more generous flexible work opportunities to employees. Check the details with your manager or HR section.

Does your manager have to discuss your application for flexible work with you?

Employee consultation is not a legal requirement in all situations. But it is accepted as good HR practice resulting in higher employee satisfaction and engagement. Also, workplace guidelines for dealing with a flexible work application may include the consultation process that need to be followed.

In most cases a manager will talk to an employee about their application for flexible work, especially if the manager is not able to agree to the exact arrangement requested. ‘How to ask for flexible work’ has some helpful advice for employees.