Generally speaking, an entitlement to a rostered day off is the result of an arrangement between an employer and an employee. The arrangement will generally specify that if the employee works additional hours within a working week then those hours will accrue to entitle them to a paid day off.
Arrangement regarding rostered days off may only be implemented within a workplace where they are in accordance with the relevant award or agreement that provides coverage for the employee.
Under the Fair Work Act 2009 a request for flexible working arrangements must be made in writing to the employer and clearly outline the change sought and the reason for the change.
Employers must give the employee a written response to the request within 21 days, stating whether the employer grants or refuses the request. The employer may refuse the request only on reasonable business grounds.
In the instance that an employer refuses an employee’s request and the employee would like to pursue this further, the employee can contact us for further assistance.
Under the Fair Work Act an employer may stand down an employee without pay during a period in which the employee cannot be usefully employed because of:
- industrial action (not including action taken or organised by the employer); or
- a breakdown of machinery or equipment, if the employer cannot reasonably be held responsible for the breakdown; or
- a stoppage of work for any cause which the employer cannot reasonably be held responsible.
The Fair Work Act does not specifically deal with stand down due to inclement weather. However, one of the examples in the explanatory memorandum to the Fair Work Act includes a flash flood as being a legitimate cause for stand down.
The Fair Work Act allows for an enterprise agreement or a contract of employment to provide for stand down in a wider range of circumstances. Therefore, any provisions that apply may be dependent on agreement that applies to the employee.
Under the NES an employer may request that an employee work reasonable additional hours. An employee may refuse on the grounds that the additional hours are unreasonable.
In determining whether additional hours are reasonable or unreasonable the following must be taken into account:
- any risk to employee health and safety from working the additional hours
- the employee’s personal circumstances, including family responsibilities
- the needs of the workplace or enterprise in which the employee is employed
- whether the employee is entitled to receive overtime payments, penalty rates or other compensation for, or a level of remuneration that reflects an expectation of, working
- additional hours
- any notice given by the employer of any request or requirement to work the additional hours
- any notice given by the employee of his or her intention to refuse to work the additional hours
- the usual patterns of work in the industry, or the part of an industry, in which the employee works
- the nature of the employee’s role, and the employee’s level of responsibility
- whether the additional hours are in accordance with averaging terms included under a modern award or enterprise agreement that applies to the employee, or with an averaging arrangement agreed to by the employer and employee under the Fair Work Act
- any other relevant matter.