Negotiating
Flexible Work
Arrangements
Guidelines for Supervisors,
Managers and Department Heads
Produced by the People & Fairness Unit
Human Resources
© The University of Melbourne
Victoria 3010 Australia
March, 2005
Updated: July 2010
2
Table of Contents
How These Guidelines Can Assist You .................................................................................................................... 4
1.
Introduction .......................................................................................................................................................... 5
2.
The Business Case for a Work/Life Balance ................................................................................................. 6
3.
The Legal and Policy Framework..................................................................................................................... 8
Grounds covered by the Discrimination, Sexual Harassment and Bullying Policy and
Procedures ....................................................................................................................................................... 8
What do we mean by ‘reasonable’?........................................................................................................... 8
Requests not covered by the Discrmination, Sexual Harassment and Bullying Policy and
Procedures ....................................................................................................................................................... 4
4.
Preparing to Negotiate a Flexible Work Arrangement ............................................................................. 5
Explore Options ............................................................................................................................................. 5
Skills in Effective Negotiation ...................................................................................................................... 7
5.
The Meeting ........................................................................................................................................................10
The Agreement .............................................................................................................................................13
6.
Checklist of Some Common Assumptions .................................................................................................14
7.
The Flexible Work Arrangement ..................................................................................................................17
8.
Further Assistance for a Workable Solution ..............................................................................................19
Talk to your Human Resources Consultant .........................................................................................19
Understand the staff member’s position ................................................................................................19
Talk to an Anti-Discrimination Adviser .................................................................................................19
9.
10.
General Tips........................................................................................................................................................20
Useful References ........................................................................................................................................21
3
How These Guidelines Can Assist You
This document provides information on how supervisors, managers and department heads can
successfully implement flexible work arrangements to benefit both individual staff and the work unit. It
identifies advantages to flexible work arrangements and provides information to assist managers to
ensure work units and departments have the capability to meet current and future needs so that
individuals achieve a better balance between work, life and family.
This document is a resource for supervisors, managers and department heads who are considering
implementing flexible work arrangements in their work unit or who are approached by a staff
member who wishes to modify their work arrangements. In addition to these guidelines, there are
accompanying guidelines for staff that provide information on how to negotiate requests with their
supervisors. Both guidelines should be read in conjunction with the Best HR Practice Guide Work and
Family: The Links and the Balance and Indirect Discrimination – Fair in Form: Fair in Effect?
There are ten main sections.
Section 1
Introduction
Outlines the purpose of the document and how it fits with
University objectives
Section 2
The Business Case for
a Work/Life Balance
Puts forward a business case for work/life balance (the
advantages and disadvantages), describes life cycle
demands and outlines the tools required to put University
values into practice
Section 3
The Legal and Policy
Framework
The University’s Discrimination, Sexual Harassment and
Bullying Policy and Procedures and state and federal
legislation
Section 4
Preparing to Negotiate
a Flexible Work
Arrangement
Discusses issues which need to be taken into account
when considering flexible work arrangements
Section 5
The Meeting
Deals with strategies for approaching and managing a
negotiation meeting
Section 6
Checklist of some
Common Assumptions
Addresses some common assumptions about flexible work
arrangements and allows you to consider whether your
own views are soundly based
Section 7
The Flexible Work
Arrangement
A draft pro forma of what should be put in writing when an
arrangement is being proposed
Section 8
Further Assistance for
a Workable Solution
Lists people to contact for further assistance and
clarification of your obligations and responsibilities as a
manager
Section 9
General Tips
Provides seven general tips for successfully negotiating
flexible work arrangements
Section 10
Useful References
Lists University and other relevant resources
4
1.
Introduction
As an employer, Melbourne will strive to develop exemplary employment practices for attracting,
retaining and assisting the professional development of a talented and diverse staff.
The University of Melbourne Plan 2007
These guidelines provide information for managers and supervisors to assist them to:

negotiate flexible work arrangements with their staff

ensure the needs of both the staff member and the work unit are accommodated.
Separate and accompanying guidelines for staff have been developed to assist them in preparing,
developing and discussing a proposal with their manager about changing their work arrangements.
The guidelines provide an overview of issues to be considered when deciding what arrangement
would meet the needs of individual staff and the work unit. They aim to assist work units to develop
the capability to meet current and future needs, and to assist individuals to better balance their work,
life and family needs. The guidelines also provide details of resources and services offering further
information, advice and support.
The University has well established policies and procedures which create opportunities for flexible
work arrangements such as flexi-time, job sharing and home-based work. These policies recognise
that the provision of flexible work options is linked to enhanced organisational capabilities. The Best
HR Practice Guide Work and Family: The Links and the Balance, and University-wide briefings provided
by the People and Fairness Unit, have highlighted the challenges facing staff with family or carer
responsibilities and staff with disabilities, and the obligations of managers and supervisors to provide
‘reasonable adjustments’ in light of these. These guidelines aim to assist managers, department heads
and supervisors to put these policies into practice.
While equal opportunity legislation does require employers to give due consideration to staff with
family responsibilities and disabilities, and there is a commitment to this at an organisational and policy
level, the responsibility for determining the most appropriate work arrangement rests with the staff
member and their supervisor/manager. Staff may identify that they need to alter work arrangements
in order to improve work/life balance or to undertake family or carer responsibilities. Alternatively,
managers may consider the benefits of flexible work arrangements and encourage staff to utilise them.
The University recognises that it is not possible to completely separate work from life outside work.
To some extent, all staff bring their personal life to work and similarly, their working conditions can
have an influence on their personal life. Our aspirations and commitments in each of these areas are
constantly changing and, at times, adjustments are needed to create a better balance between the
two.
Acknowledgements
This document was produced by the Equal Opportunity Unit, together with the Managers’ Work and
Family Reference Group and the Anti-Discrimination Advisers’ Network (Work and Family) Advisers,
as well as other staff and managers. Members of the Disability Employment Issues News Group also
contributed their insights and experience.
5
2.
The Business Case for a Work/Life Balance
There is an increasing awareness in the workplace of the value and benefits of a flexible work
environment. These include:

increased ability to attract and retain skilled staff

increased morale, loyalty, commitment and productivity and a positive, secure working
environment

innovation in the workplace – new approaches and ideas

reduced employment costs associated with recruitment, absenteeism, and workers’
compensation, and

enhanced public image as an employer who cares about staff family and carer commitments,
and contributes to the well-being of the community
The demographics in society are changing dramatically, and there is an increasing amount of research
devoted to assessing these changes and how they affect organisations. Both employees and employers
are realising that a work/life balance is vital to maintaining productivity and motivating staff. 1
Work relates to every area of our lives. It brings in money, which pays for food and shelter, and it
provides a sense of safety and security through economic well-being. We often develop friendships
and a feeling of belonging at work, as well as a sense of achievement, recognition and status. For many
of us work also relates to self actualisation, providing fulfilment and a sense of accomplishment.
However, if we do not get enough sleep, relaxation, or we are unwell, our physiological needs are not
being met. Individuals, at any stage of their lives, may determine that they need to reassess their
work/life balance.
In oder to adjust to both demographic and cultural changes in Australia effectively, a change in current
attitudes towards work and workplace arrangements is required. Individuals at all stages of their life
cycle are seeking a work/life balance and flexible work arrangements are now increasingly being cited
as a primary influence on work satisfaction across all age groups. 2 In order to attract and retain
quality staff, support for their achievement of a work/life balance is vital.
1
Workplace Guide to Work and Family, Work and Family Unit, Department of Employment, Workplace Relations and Small Business,
Melbourne, 2000.
2
Ibid.
6
The recognition that a reassessment of a work/life balance is required can occur at any stage of a
person’s life. Some life cycle demands which may cause a staff member to reassess their work/life
balance and request a change to accommodate their needs may include:

the birth or adoption of a child

becoming a grandparent

being diagnosed with a short-term or long-term illness

being needed to care for a family member or friend with a disability, illness or who is frail for
either a short or longer term period

deciding to return to study

feeling stressed, tired or unmotivated at work

having to travel exceptional distances to and from work each day

feeling generally that demands outside work make full-time work difficult
7
3.
The Legal and Policy Framework
Flexible employment practices are based on discussion and negotiation. When considering a request,
supervisors, managers and department heads have an obligation to:

consider each request on its merits;

work with the staff member to explore all possibilities to accommodate the needs of the staff
member and the work unit;

provide ‘reasonable adjustments’ to the work arrangements of the staff member who is
making the request based on grounds covered by the University’s Discrimination, Sexual
Harassment and Bullying Policy and Procedures, the Victorian Equal Opportunity Act (1995)
and relevant federal Acts;

explain and justify a decision to the staff member; and

ensure fairness to all staff, while avoiding discrimination on grounds covered by Equal
Opportunity policy and legislation.
Grounds covered by the University’s Discrimination, Sexual
Harassment and Bullying Policy and Procedures
The University’s Equal Opportunity Policy affirms and upholds staff and student rights and
responsibilities to ensure an environment free from discrimination and harassment on the basis of
grounds covered by state and federal anti-discrimination legislation, including the Victorian Equal
Opportunity Act. Attributes protected under this legislation are:










age
breastfeeding
carer status
disability/ impairment
employment activity
gender identity
industrial activity
lawful sexual activity
marital status
parental status








physical features
political beliefs or activity
pregnancy or potential pregancy
race or colour
religious belief or activity
sex
sexual orientation or preference
personal association with a person
who is identified by reference to any
of the above attributes
What do we mean by the requirement to make ‘reasonable
adjustments’?
Reasonable adjustments
‘Reasonable adjustments’ are modifications or adjustments to a job, the work environment, or an
employment practice that make it possible for an individual to enjoy equal opportunity. The
reasonable adjustment should aim to reduce or eliminate unnecessary barriers between an individual’s
skills and abilities and the usual requirements for performing essential task functions.
Unjustifiable hardship
In some cases an adjustment may impose an ‘unjustifiable hardship’ on a workplace. In determining
what constitutes ‘unjustifiable hardship’, all relevant circumstances of the particular case are to be
taken into consideration. For example, an adjustment may not be deemed ‘reasonable’ when the cost
of the adjustment is beyond the reasonable financial resources of an employer or service provider. 3
3
“Employer” in this case is the University and it is recommended that managers seek advice from their Human Resources
Consultant, an Anti-Discrimination Adviser, or the Equal Opportunity Unit before deeming an adjustment or accommodation
unreasonable.
8
Equal Opportunity Amendment (Family Responsibilities) Act
2008 (Vic)
This amendment, introduced in 2008, requires that employers “must not unreasonably refuse” to
accommodate an employee’s responsibilities as a parent or carer. This legislation places the onus on
the employer to implement the request unless it is demonstrably unreasonable and should make it
easier for employees to request workplace flexibility from their employer.
The legislation requires all relevant facts and circumstances to be taken into account in determining
whether a refusal to accommodate a person’s family/carer responsibilities is unreasonable. It also
includes a list of specific factors that must be considered. These factors are:

the person’s circumstances, including the nature of their responsibilities as parent or carer

the nature of the role

the nature of the accommodating arrangements required

the financial circumstances of the employer, principal or firm

the size and nature of the workplace and business

the effect on the workplace and the business of accommodating the responsibilities, including
the financial impact, the number of persons who would be advantaged or disadvantaged, and
the impact on efficiency, productivity and customer service

the consequences for the employer, principal or firm of making the accommodation, and

the consequences for the person of not making the accommodation
The amendment to the legislation includes some specific examples of how an employee’s caring
responsibilities may be accommodated:
An employer may be able to accommodate an employee's responsibilities as a parent or carer by allowing
the employee to work from home on a particular morning or have a later start time or, if the employee
works on a part-time basis, by rescheduling a regular staff meeting so that the employee can attend.
An employer may be able to accommodate a person's responsibilities as a parent or carer by offering
work on the basis that the person could work additional daily hours to provide for a shorter working week
or occasionally work from home.
LEGAL EXAMPLE
Reddy v International Cargo Express [2004] NSW ADT 218
The NSW Administrative Decisions Tribunal ordered a company to pay an employee $16,385 in
damages after finding she had been discriminated against on the grounds of her carer’s responsibility.
Prior to returning from maternity leave, Ms Reddy wrote to her employer requesting extension of
unpaid leave for a further two months, and that she return to work part time. Her employer believed
that given the requirements of the position, which was a management role, it was “impractical” for it
to be done on a part-time basis. They were further concerned that “other requests for part-time
work might flood in” if her request were granted.
The tribunal noted that “while we accept that the adoption of Mrs Reddy’s proposal may well have
involved some material degree of inconvenience to the company, at least in its teething stages, the
evidence suggests that it was dismissed out of hand with very little serious consideration. Not only did
the company apparently fail to consider its own best interests, even less consideration appears to
have been given to the adverse effects on Mrs Reddy by requiring her to work full time”.
The above case illustrates the implications of not carefully considering a request for flexible work
arrangements on grounds covered by Equal Opportunity legislation. It goes further, and illustrates that
accommodating flexible work arrangements can be in the best interests of the employer and the
employee.
3
Requests not covered by the Discrimination, Sexual
Harassment and Bullying Policy and Procedures
Managers do not have a formal obligation to provide ‘reasonable adjustments’ for requests for
flexibility on grounds not covered by Equal Opportunity legislation or occupational health and safety.
For example, a request for flexibility to complete further study is not a request related to grounds
covered by legislation. It is good management practice, however, to discuss such issues on a case by
case basis. While there is no legal basis for change, there may be ways in which flexibility can be
accommodated.
It is important to think about all issues when considering a request for a flexible work arrangement.
The legal framework is only one aspect to take into consideration.
Managers and supervisors are encouraged to seek advice from their Human Resource
Consultant, an Anti-Discrimination Adviser or the People and Fairness Unit in assessing
whether an adjustment or accommodation is ‘reasonable’.
4
4.
Preparing to Negotiate a Flexible Work
Arrangement
If a staff member identifies a need for flexible work arrangements to achieve a greater work/life
balance, the next step is to clarify their work and personal needs. Staff who approach you to discuss
flexible work arrangements should be encouraged to read through the guidelines, Negotiating Flexible
Work Arrangement – Guidelines for Staff, prior to submitting a proposal.
For many work areas, the introduction of flexible work arrangement means challenging existing
assumptions and notions of the work unit. Appropriately developed flexible work arrangements not
only benefit the individual, they provide benefits to the work unit and for other staff, such as
opportunities for restructuring positions, succession planning and career enhancement.
Explore Options
Understand the options available
The University has a range of flexible work options which are outlined in more detail in the Best HR
Practice Guide Work and Family: The Links and the Balance. Policy information is available from the
University Policy Library online at http://policy.unimelb.edu.au/.
Flexible work arrangements can result in a “win-win” situation. That is, the arrangement should
benefit the individual staff member and the work unit. Read through these policy documents to
ensure you understand the implications and benefits of flexible work arrangements and understand
the options available. If the arrangement proposed by the staff member cannot be reasonably
accommodated – then what other flexible work arrangements are possible? This will also assist you in
developing ‘BATNA’ and ‘ZOPA’, which are discussed in further detail shortly.
PERSONAL STORY
After being on Maternity Leave for the second time it was time to return to work. Having two
children under the age of three was more than a full-time job in itself. This meant that it would be
impossible for me to return to work full time. This was quite a concern for me as I was in a
supervisory role.
I spoke with my manager and told her that it would be impossible for me to work full time and that I
could only work two days a week. I made suggestions to her about what I thought would be a good
working arrangement. It meant giving the staff I was supervising the chance to skill themselves up and
take on new tasks.
My manager really wanted me to work three days rather than two. Three days was not possible for
me so I then suggested working two long days and perhaps additional hours from home. This
arrangement was agreed to and it has worked well for both the work unit and me.
A review will take place in a few months to ensure everything is working well. If not then we will look
at things again and try to find a better solution.
Basically, negotiations are very important in this situation. Talk to your manager, put a case forward
and then keep the discussions going until all parties are happy. It’s all about having a good relationship
with your manager. Don't be afraid to speak your mind.
Tina (Team Leader)
5
Read through the staff member’s position description
Revisit the staff member’s position description to ensure you have a thorough understanding of the
requirements of the role. It may also be useful to look at position descriptions of other staff in the
work unit. This will help to determine whether the proposed flexible work arrangements would meet
the requirements of the work unit. Depending on the type of arrangement being considered, some
considerations may be:

can the inherent requirements of the position be effectively carried out with these
arrangements? (For example, if the staff member were to work from home for part of the
week)

can some tasks be effectively delegated?

are all the tasks still required?

is a job-share arrangement required?

can some of the job be done by staff employed on a fixed-term basis or by consultants?
Talk to others
Seeking help from your Human Resources Consultant will ensure you are familiar with the relevant
University policies. Also speak to other managers in the University who have staff utilising flexible
work options. The People and Fairness Unit can provide you with names of managers you can talk to.
Discuss how the arrangement is working and issues that you may need to consider. Ask about both
the advantages and the disadvantages of introducing flexible work arrangements.
Further information on the University’s policies can be found at http://policy.unimelb.edu.au/.
Identify what would be a good outcome for the staff member and for the
work unit
The flexible work arrangement being considered may create opportunities and benefits for your work
area. For example:

reducing hours of one staff member may provide an opportunity to develop the skills of
other staff, contributing to the skill development and succession planning of the work unit

appropriately developed flexible work arrangements can lead to increased morale,
commitment and productivity in the workplace
Think about costs and benefits that are explicit and those that are not so explicit. For example, some
benefits to a successful arrangement might include:
6

increased morale and productivity in the workplace

reduced employment costs associated with recruitment or absenteeism

an enhanced public image as an employer who cares about staff family commitments
If the proposal involves a saving, think about how these savings might be appropriately used, for
example:

the workplace could employ a consultant or staff member on a fixed-term basis

other staff in the workplace may gain new efficiencies and knowledge by taking on additional
or higher level tasks
It would also be important to consider the:

effects on staffing levels

possible effects on your team (both those you supervise, and on your colleagues).
Skills in Effective Negotiation
The purpose of these guidelines is to assist you to negotiate a successful outcome with your staff
member. A proposal from a staff member may not initially meet all the requirements of the work unit.
This does not mean that a flexible work arrangement cannot be made which meets both the needs of
the staff member and the work unit.
The Harvard Business Essentials guide on negotiation advises that:
“Any successful negotiation must have a fundamental framework based on knowing the following:

The alternative to negotiation

The minimum threshold for a negotiated deal

How flexible a party is willing to be, and what trade-offs it is willing to make.” 4
These key concepts are used to develop this framework and, while the language may relate more to
business dealings, they are extremely important for managers and supervisors to consider when
entering into a discussion about flexible work arrangements with staff. After all, everyone’s job
depends on the work getting done and outcomes achieved.
BATNA – Best Alternative to a Negotiated Agreement
“Knowing your BATNA means knowing what you will do or what will happen if you fail to reach
agreement in the negotiation at hand.” 5
Your BATNA is your preferred course of action in the absence of a successful negotiated outcome.
That is, what will happen if you are not able to reach an agreement. If you cannot reach an agreement
with the staff member about how their flexible work proposal can be accommodated, you should
consider:

how else could we meet the needs of the staff member?

are the grounds upon which you have rejected the proposal sound (ie. are they objective, fair
and do not have their basis in unfair discrimination)?

what will be the impact on other staff?
Remember, any alternative proposal must not disadvantage a staff member on grounds of their
family/carer status, or disability.
Considering options and doing a cost/benefit analysis, as outlined above, places you in a better
position to determine your BATNA.
4
Harvard Business School, Negotiation, Harvard Business School Press, Boston, 2003, p14.
5
Ibid. p15.
7
PERSONAL STORY
On return from maternity leave, I approached my manager and requested a flexible work
arrangement to allow me to work two days from home and three days at the office. I had arranged
childcare for the three days I planned to work in the office, but I already knew I was unable to arrange
for care for the other two days. I met with my manager and explained my situation, but she advised
me that, given the type of job I do and the cost associated with setting up all the facilities required to
do my job at home, it would not be possible for me to work from home.
I had been in my job for five years, and really enjoy my role. The alternative for me was to reduce my
hours so that I only worked three days a week. My manager agreed to trial this arrangement for
twelve months. So far this has worked well for me, and for the office I work in.
Silvia
In the personal story above, Silvia’s BATNA is to reduce her time fraction from 100% to 60%. This is
her preferred course of action in the absence of an agreement with her manager to work from home.
If considering a working from home arrangement, please refer to the guide Work and Family: The Links
and the Balance for a checklist on how to set up a home-based work arrangement and for information
about health and safety requirements.
ZOPA – Zone of Possible Agreement
While the BATNA and minimum threshold you and the staff member set may differ there will usually
be some overlap in what will meet both the staff member’s needs and those of the work unit.
The ZOPA is a potential agreement that would benefit both sides, or:
“The area or range in which a deal that satisfies both parties can take place…[or]…the set of
agreements that potentially satisfy both parties.” 6
It is crucial to clarify and define your BATNA before meeting with the staff member to discuss the
proposal. Make a list of what your alternatives will be if your proposal does not result in an
agreement. Review the list and identify which of the alternatives would be most suitable.
6
Harvard Business School, Negotiation, Harvard Business School Press, Boston, 2003, p124.
8
PERSONAL STORY
I applied for an internal position that was advertised as full-time. I approached the manager and asked
if part-time applicants would be considered. It was agreed that the position could be managed on a
part-time basis and I applied for the position. When I was notified that I was the preferred candidate I
indicated to the manager that I would prefer to work three days as I had a three year old daughter.
The manager told me he would prefer me to work a four day week. I asked him if I could think about
this offer and get back to him.
I gave the situation some consideration. The following day, I went back to the manager and suggested
I work three days in the office and one day from home, making it a four day week. He said that we
could trial a work from home on the fourth day arrangement for one month. The trial period was
useful as it enabled both of us to feel confident that the arrangement could work effectively. Having
electronic access to work at all times has meant that I can arrange my work appropriately and flexibly.
Beth
The above personal story illustrates how to reach an agreement within your ZOPA. Beth would like
to work three days a week, while her manager would like her to work five days a week. An
agreement has been reached, however, within both of their ZOPAs.
Staff and supervisors may both need to think “outside the square” when considering their BATNAs
and ZOPAs. Again, talking to the staff member, as well as to other managers in the University, may
assist in considering alternatives.
PERSONAL STORY
When my children were young I worked part time. As they got older I increased my time fraction and
began working full time when they were teenagers. As my children entered their twenties my parents
were aging. I decided that I really wanted to spend time with them before they became ill. A big factor
at this time though was that I was approaching retirement age myself. I looked into the various flexible
work options and talked with my HR Consultant and requested to move to a 48 week year. What I
suggested was to spread my extra leave across the year. For most of the time I would work a nine
day fortnight, but during busy times I would work full time. While my direct supervisor was reticent
we talked through the potential benefits in professional development for my staff and succession
planning for the work unit and agreed to trial the arrangement for 12 months. I provided fixed dates
that I would be away from the office, which worked well for both my colleagues and my parents. My
mother now has my days off in her diary and we catch up for coffee, go swimming or do other
exciting things. So far the arrangement has worked extremely well for everyone with few hitches. I
will never get this time with my parents again and I’m so glad that we have been able to negotiate
flexibility that met all of our needs.
Georgia (Supervisor)
9
5.
The Meeting
If a staff member contacts you to discuss flexible work arrangements, it is important to request a
specific meeting to discuss this face-to-face. Refer staff to the Negotiating Flexible Work Arrangements:
Guidelines for Staff, and suggest that they prepare a proposal as discussed in the guidelines. If possible,
request a copy of their proposal in writing prior to the meeting. Choose a time that is best for both
of you, and not a time when either of you are pushed for time.
Remember to:

be open to negotiation

appreciate that such a request can be very stressful for the staff member

be understanding and make sure you have an awareness of all the issues at hand

recognise that the request being made may be a challenge for you to accept

be objective, test your assumptions and talk openly and honestly to the staff member.
Outline arrangements for challenging work situations
You will know of many work situations which create challenges, and where “all hands on deck” are
required. How would these issues be addressed if staff have flexible work arrangements? For example,
how would last minute deadlines or crises be dealt with? Ensure the staff member understands that
the arrangement may need to account for “peak periods” as far as practicable.
Options for flexible arrangements
Improving a staff member’s work balance could include:

more time at the beginning/end of day

time off during the working week

time off during school holidays.
Ensure you, and your staff member, have both read the HR Best Practice Guide Work and Family: the
Links and the Balance so that you both have an understanding of all the flexible work arrangement
options available.
For example, a staff member may come to you requesting to revert to part-time hours, as he needs
to collect his children from childcare at 4.00pm three days a week. He thinks that the only option to
do this is to reduce his hours on these three days so that he finishes work at 3.00pm instead of
5.00pm. By discussing this, you and he can instead reach a more flexible option in that he starts work
one hour earlier each day and works back an additional one hour on one of the days he isn’t required
to collect his children. These extended work days allow him the flexibility to finish work at 3.00pm
three days a week.
10
Active Listening
“…listening is not just the ability to keep your mouth closed for a moment or two, and receiving a wavelength
of sound. Listening is the ability to climb inside the mind of the speaker to an extent where we start to feel
some of their feelings to see out through their eyes what the world looks like to them; to sense what drives the
things they do or don’t do and to understand what makes them behave. In other words, listening involves
empathy.” 7
Some people are better at communicating their needs than others. Active listening is an important
way to seek out useful information on why your staff member is seeking a flexible work arrangement.
This is a collaborative discussion but you are the key to developing and supporting an optimal
arrangement for both you and the work unit.
Let the staff member know that you are listening and taking on board their concerns as well as clearly
presenting your own. Check that you understand what they are saying by paraphrasing and clarifying.
Respond only when you are ready.
Is this a realistic request?
As a manager or supervisor, you should discuss with your staff member which options are realistic
and which are not. Ask the staff member requesting the arrangement how they are going to ensure
that performance objectives will be met. For academic staff, this may include research and teaching.
“It is very important to establish the technical conditions under which people can work from home, otherwise it
will not work. Managers must also care about the people who work from home. HR managers must be able to
tell some employees that it is not right for them. It is our experience that teleworking is not for everyone.
People must be very good at organising their time.” 8
PERSONAL STORY
I am an academic staff member, and, being a parent of two young children, I arranged a work from
home agreement with my Head of Department so that I came in two days a week to teach and meet
with students, and then worked the remaining days from home. After six months with this
arrangement, I found I was getting too distracted and constantly interrupted at home and was not
being as productive as I could be. In addition, it became difficult to organise all my meetings, teaching
and consultation with students into two days a week.
I therefore reduced my work from home arrangement so that I am in the office three days a week. I
have also found this has made me feel more a “part” of the faculty, as working from home and
communicating by email only can be very isolating at times. I think it is important to be honest with
yourself about what you are capable of. I think also it is important to be realistic about what is
required in your position. If your job means you need to interact and meet with others regularly, it is
important to give thought to how you can accomplish this. My Head of Department was very
supportive of my arrangement, but I still needed to balance it with the needs of the department.
Rosa
7
James Cowley, I Need Balance in My Life: Achieving the Dream of the 21st Century, Richmond Ventures, North Sydney, 2003, p41.
8
“Teleworking needs HR to change”, HR Report, Issue 331, Thomson CPD, www.cpd.com.au, October 2004.
11
Work Issues
Check whether you and the staff member have considered solutions for, or the implications of:

dates and times of important meetings

student consultation times/supervision

commitment to project completion dates

training/conference dates.
Finally, consider whether the proposed flexible work arrangement would enable the staff member to
continue to fulfil the essential requirements of the job. You may wish to discuss this with a Human
Resources Consultant before making a decision. The consultant may be able to suggest other options
for you and the staff member to consider.
If other staff are required to take on additional responsibilities, it is important to discuss this with
them prior to making an agreement. Other staff may object to flexible work arrangements if they
aren’t aware of the benefits, or feel it simply places more work on the rest of team. If the flexible
arrangements could have a “knock on” effect to other staff, ensure you discuss the arrangements
openly and honestly with them.
Consider: Can the request be accommodated without causing unjustifiable hardship?
PERSONAL STORY
As Executive Assistant to the Dean of a faculty, I was hesitant about raising the issue of more flexible
working hours. Considering there is often a pre-conceived notion that flexi-hours wouldn’t work in a
support position such as mine and knowing the Dean’s demanding schedule, I was hopeful, yet not so
confident!
I was endeavouring to find a work/life balance and I had thought about starting and finishing earlier or
working a nine day fortnight (without actually decreasing my hours). I was open to suggestions and
wanted to cause the least amount of disruption to the Dean as possible, but I also knew I had to make
a change to my hours in some way for my own wellbeing.
I spoke to the Dean and explained that the main reason for me wanting to change my hours was that I
was trying to find a work/life balance. The Dean was extremely understanding and we discussed the
logistics of working a nine day fortnight, i.e. how it would affect the Dean, other staff members within
the Faculty and University, and external contacts. To my delight, the Dean suggested we trial the nine
day fortnight to see how it worked in our particular situation.
The arrangement is working well. I work approximately fifty minutes extra per day to make up the
one day each fortnight. I always ensure the Dean is completely prepared for the Friday I am not in the
office and I can be contacted if necessary. Another staff member receives the Dean’s telephone calls
in my absence, for which I am most grateful and I am happy to return the favour when required.
I think with an understanding and flexible supervisor, coupled with effective communication, flexible
working arrangements can work extremely well.
Suzanne
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Set a time frame
How long the arrangement should last, will depend on the nature of the situation and the issues the
staff member is seeking to address. It may be temporary or short-term such as caring for someone
with a short-term illness, or may be more long-term such as care of a new born, or managing health
concerns.
PERSONAL STORY
I know a guy who suffers from a mental illness. After just three months of starting a new position in
the private sector, he had to leave work in order to receive treatment. His employer was very
supportive of this and kept his job open for him. He eventually returned about four or five months
later.
When he went back to work he initially worked two days per week and gradually built up to four
days. His job description changed slightly (to accommodate the reduced workload) and the employer
continued to have a casual in to help out. Furthermore, the supervisor did some research into the
staff member’s illness prior to him coming back to work. When he did return to work the supervisor
knew that his staff member would need to take breaks regularly, etc. He was so pleased with the
support.
Nadine
The Agreement
Once an agreement has been reached, document the terms including the start and finish, trial and
performance discussion dates.
Put your agreement in writing and give a copy to the staff member. This way you can both be sure of
that you are clear about the conditions. It is useful to give a copy of the agreement to your Human
Resources Consultant to put on the staff member’s file.
This section provides a template for a flexible work arrangement. It is a guide only and you may
choose to frame your agreement in other ways, delete and/or add sections. In some work areas it
might be better to use a less formal structure. Whatever the approach you take, the template
provides a good opportunity for you and the staff member to ensure you have discussed all issues
requiring consideration when implementing a flexible work arrangement. The purpose of the
agreement is to outline how the arrangement will work. It should be easy to read and cover the
important points.
13
6.
Checklist of Some Common Assumptions
CHECK YOUR OWN IDEAS AND ASSUMPTIONS ABOUT FLEXIBLE
WORK ARRANGEMENTS AGAINST THIS LIST.
When first approached about introducing flexible work arrangements, managers and supervisors may
draw upon some of the following common assumptions when deciding whether or not to agree to
flexible arrangements within their work unit. Check your own views about flexible work
arrangements against the list to see if they are feasible and soundly based.
[ ] “Family or personal issues should be separate from the workplace.”
Considerable evidence indicates that work and family conflict can have a damaging effect on business
and that, similarly, stress in the workplace can be carried into personal life. 9The idea that these two
aspects of our lives should be seen as separate is simply not realistic. Personal situations can affect
concentration, motivation, attendance and productivity. Managers and supervisors need to find ways
to support individuals, which will in turn support the goals of the work unit.
[ ] “If I let you do it, everyone else will want the same.”
It is important, as a manager or supervisor, that you acknowledge that different people have different
needs at different stages of their lives. Almost everyone is likely to need flexible arrangements at
some stage in their working life, even if for a short period of time.
This assumption does not address the University’s responsibility as an employer to reasonably
accommodate staff who request flexible work arrangements on grounds covered by Equal
Opportunity legislation such as family/carer responsibilities or disability.
Requests for flexible work arrangements must be reasonable, and must endeavour to meet the needs
of the individual and of the organisation. A ‘one size fits all’ approach does not take into account
employee differences and the accommodation of these differences.
In practice, organisations that have introduced different kinds of flexible work arrangements find that
most people are happy to continue with their regular schedules and routines. Not everyone can
afford to reduce their hours, and many find the working environment more stimulating than working
from home.
Making flexible work arrangements available to all staff, however, may benefit the work unit. Flexible
work arrangements such as changes in start and finish times, which can be offered to all staff in the
work unit, could improve morale and increase productivity.
As far as practicable, communicate with the rest of the work unit about the arrangements that are
being introduced for individual staff, and why it is being undertaken. While not everyone will want the
same, this will help alleviate any problems associated with other staff feeling one staff member is
receiving preferential treatment.
9
Workplace Guide to Work and Family, Work and Family Unit, Department of Employment, Workplace Relations and Small Business, Melbourne,
2000.
14
[ ] “Having people working part time just creates extra work for other people.”
Managers and supervisors may be reluctant to consider requests for flexible work arrangements, such
as part-time work, because they believe that it will create more work for themselves and others in
the work unit.
This may be the case if there is inadequate planning before flexible work arrangements are
introduced.
It is quite likely the staff member has already considered these kinds of issues and has thought of ways
to minimise any impact on other people, such as replacing part-time work with a well-coordinated job
sharing arrangement.
If the flexible work arrangement does involve the reallocation of some tasks, this may benefit, not
disadvantage, other staff in the work unit. For example, it could provide additional development
opportunities and additional responsibilities being given to other staff. You may wish to discuss the
reallocation of tasks with your Human Resources Consultant. Additional responsibilities may require a
temporary or permanent adjustment to the staff member’s position description and a Higher Duties
Allowance, or reclassification of the position may be required. In the end, it is up to you to prioritise
staff requests for flexible arrangements (for example, by identifying those that are covered by Equal
Opportunity policies and legislation) and work with staff to decide the extent to which those needs
can be reasonably accommodated within the work unit.
[ ] “A manager who wants to work less than full time can’t be really committed to
their job.”
A reduction in work hours does not mean a staff member’s commitment to the work unit will
diminish or that they will not be able to manage their work or staff effectively. Attendance at the
workplace is neither an indicator of commitment nor performance and should not be viewed as such.
Most managers and supervisors in the University already spend a lot of time out of the office because
of work commitments such as meetings, travel, or holidays. Staff manage in their absence, and can in
fact find it empowering to take on additional responsibility or have the autonomy to make decisions
and continue with their work.
[ ] “You’re a manager. Jobs with your level of responsibility can’t be done part time.”
Again, with good planning, flexible arrangements can be applied as effectively to management positions
as to positions with fewer responsibilities. Even staff at the most senior levels of the University have
worked part time to accommodate carer responsibilities or personal health needs.
Good planning and communication is essential. Work with the staff member and discuss:

the staff member’s availability via email, phone, fax or other means for emergencies

plans for staff meetings and other communication strategies

how performance monitoring of staff will be maintained.
15
[ ] “Flexible working arrangements just won’t work in this workplace.”
The request being made, such as a request for flexi-time, compressed hours and rostered days off,
working from home, or job sharing may not be part of the current culture of the work unit. The
concern may derive from previously untested assumptions such as a concern about costs or
supervisory arrangements, nervousness about change, or not understanding the benefits to the work
unit of introducing flexible arrangements.
A shift in attitudes in the work unit may take time. Even if you, as a manager/supervisor, support this
request, you may also feel that your supervisor or manager, or other staff in the work unit, are
hesitant about this sort of change. One way of overcoming the fear of change is to openly
communicate the arrangements, and the perceived benefits of the arrangement. Discuss the
arrangements with everyone in the work unit. It may also be of benefit to monitor the arrangements
on a “trial basis” so that the appropriateness of the arrangements in the work unit can be tested
before they are formalised.
PERSONAL STORY
My supervisor works part time: two days in the office and one day from home. This has worked well
for me – providing an opportunity to increase my skills, develop working relationships with people I
may not have dealt with otherwise, and allowing a greater level of autonomy and initiative. For those
in a similar situation I would recommend:

communicate clearly

prepare for the days your supervisor is not there

know what is going on in the work area so you are able to answer queries and carry on with
work when your supervisor is absent.
Corinna
16
7.
The Flexible Work Arrangement
1. Introduction
2. Flexible Work Plan
2.1 Work Schedule
Outline the proposed:

hours, days, weeks to be worked

time line and/or trial period

flexibility to accommodate urgent or irregular work needs and unforseen circumstances

commitment to attendance at meetings, conferences, training, retreats etc.

if applicable, set out how the maternity leave return to work bonus is being utilised
2.2 Position Description and Responsibilities
Provide an overview of the staff member’s position and responsibilities in relation to their position
description and duties. Identify what will be:

delegated

reassigned

shared

eliminated
2.3 Workplace Communication
Under the new arrangement, how will communication be maintained with key people, such as:

staff

peers/team

supervisor/manager

clients/students
2.5 Physical Set-Up
Reduced working week

How will the office space be used in the staff member’s absence?
Home-based work

What equipment will be needed? (See Work and Family: The Links and the Balance for further
discussion on setting up a home-based work arrangement)
Job-share arrangement

How will the additional staff member be accommodated? (See Work and Family: The Links
and the Balance for further discussion on setting up a job-share arrangement)
17
2.6 Development and Progression

Intention to develop skills and progress

Commitment to performance review dates and development opportunities.
2.7 Changes to Entitlements
Ensure the staff member understands (if applicable) the implications in terms of remuneration and
benefits in relation to the new arrangement. For example, a staff member reducing their hours needs
to understand the implications for:

salary

benefits
–
annual leave
–
sick leave
–
long service leave
–
superannuation.
2.8 Evaluation
Identify and outline how the success of the arrangement will be measured within the timelines set.
Revisit their performance development plan. Will any of the staff member’s goals and objectives need
to be adjusted? This will be of particular importance if the arrangement involves a reduced working
week.
Document the:

length of the trial period

the number and dates of performance discussions during this period

performance measures
–
specific outcomes
–
responsibilities
–
feedback from team, clients, staff
–
deadlines
2.9 Start and Finish Time
Document when the arrangement will:
18

begin

end
8.
Further Assistance for a Workable Solution
In the University, you have an obligation as a manager or supervisor to consider each request for
flexible work arrangements on its merits, to discuss options with the staff member, and provide an
explanation for your decision. If you do not accept the staff member’s proposal, you should provide
detailed information on why and how this decision was reached. You may need to justify your
decision in the event that a complaint of discrimination is lodged internally or externally.
Talk to your Human Resources Consultant
Check that you have understood the University’s policies correctly and if your Human Resources
Consultant can suggest other solutions to the staff member’s (and the work unit’s) needs.
Understand the staff member’s position
If a staff member is coming to you with a proposal, it is likely that they have thought very seriously
about the options available to them. Make sure you have thought through the staff member’s position
as well as your own. Test your assumptions and listen carefully to what the staff member has to say.
Talk to an Anti-Discrimination Adviser
If you would like clarification on some of the issues, talk to an Anti-Discrimination Adviser or the
People and Fairness Unit. Check whether the refusal is unreasonable and discriminatory (based on the
grounds covered by the Victorian Equal Opportunity Act). If a staff member’s request is based on
attributes covered by University policy, they may have a case for discrimination under the University’s
Discrimination, Sexual Harassment and Bullying Policy and Procedures. They may also make a
complaint to the Victorian Equal Opportunity and Human Rights Commission or the Australian
Human Rights Commission.
Further, if a staff member believes that the situation has not been satisfactorily resolved, but their
individual request is not based on grounds covered by the Equal Opportunity Act, it can be helpful to
refer them to a Human Resources Consultant or an Anti- Discrimination Advisor for advice and
support.
It is essential that you are clear about your own obligations and responsibilities as a
manager or supervisor in relation to these policies. This can help you work out whether
your preferred course of action is likely to breach University Discrimination, Sexual
Harassment and Bullying Policy and Procedures or discrimination legislation.
19
9.
20
General Tips

Understand your legal obligations as a manager/supervisor

If in doubt, speak to your Human Resources Consultant, the People and Fairness Unit, or an
Anti-Discrimination Adviser

Explore all options with an open mind

Do a cost/benefit analysis

Recognise and openly acknowledge the staff member’s position and needs

Focus on collaboration

Think through how such arrangements might be applied to staff in other situations, for
example, with health concerns, study commitments, elder care needs
10. Useful References
Best HR Practice Guide – Work and Family: The Links and the Balance
The University of Melbourne, 2002.
http://www.hr.unimelb.edu.au/strategic/equity/issues/flexibility
Working Your Way Through Pregnancy
Commonwealth of Australia, 2002.
http://www.workplace.gov.au/
Cowley, James
I Need More Balance in My Life: Achieving the Dream of the 21st Century
Richmond Venture, North Sydney, 2003.
Biggs, Susan and Kerry Fallon Horgan
Time On, Time Out! Flexible Work Solutions to Keep your Life in Balance
Allen and Unwin, St Leonard, 2000.
Harvard Business School
Negotiation
Harvard Business School Press, Boston, 2003.
Fisher, Roger, William Ury and Bruce Patton
Getting to Yes: Negotiating Agreement Without Giving In (Second Ed.)
Penguin Books, New York, 1991.
O’Hanlon, Mary and Angela Morella
Job Sharing: Two Heads are Better Than One
Allen and Unwin, Crows Nest, 2003.
Kirner, Joan and Moira Rayner
The Women’s Power Handbook
Penguin Books, Ringwood, 1999.
Harvard Business School
The Harvard Business Review on Work and Life Balance
Harvard Business School Press, Boston, 2000.
Work Options
http://workoptions.com/
The People and Fairness Unit
Human Resources
The University of Melbourne
http://www.hr.unimelb.edu.au/strategic/equity

Discrimination: http://www.hr.unimelb.edu.au/strategic/equity/issues/discrimination/

Anti-Discrimination Advisers: http://www.hr.unimelb.edu.au/strategic/equity/contacts

Policies and Leaflets: http://www.hr.unimelb.edu.au/strategic/equity
Human Resources
Review of Actions Procedures: http://policy.unimelb.edu.au/UOM0109#section-4
The University of Melbourne Policy Library: http://policy.unimelb.edu.au/
The University of Melbourne Staff Grievance Resolution Procedures:
http://www.hr.unimelb.edu.au/advicesupport/grievance/
21