The Fair Work Ombudsman (FWO) 2012-13 annual report reveals that pregnancy discrimination topped the list of discrimination complaints for the first time. The majority of complaints have previously related to physical or mental disability.
The FWO report is timely. The new "family-friendly measures" which were introduced as part of the recent amendments to the Fair Work Act took effect on 1 July 2013. See our related article here.
Those measures include an express right for parents returning from leave in relation to the birth or adoption of a child to request part-time employment. Significantly the right is to make the request; falling short of an actual right to part-time employment. That said, the "right to request" is a step towards acknowledging the realities of balancing work and family responsibilities.
While employers are not obliged to grant the request, any refusal must be based on "reasonable business grounds". These can include whether the new working arrangement would be too costly and whether it would be impractical to change the arrangements of other employees to accommodate the new working arrangements.
An employer is required to provide its reasons for refusing a request in writing. Therefore careful consideration ought be had to whether a part-time arrangement can in fact be accommodated before putting pen to paper. Any such document would likely serve as a potent tool for an employee complaining to the FWO or otherwise bringing a discrimination claim.
The FWO's report suggests that employers are either unaware of, or are disregarding, their obligations when considering a request for part-time employment. But employers ought beware. Penalties for breaching the Fair Work Act go up to $51,000 for corporations, and $10,200 for individuals involved in a breach.
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