"Disappointing" response to request laws highlights need for awareness campaign: Researchers

University researchers are calling for publicity campaigns to raise awareness of the Fair Work Act's right to request flexible work, after surveys showed that little change in the volume of requests since the provision was enshrined three years ago.

Presenting the results of surveys of Australian workers in 2009 and 2012 to the annual AIRAANZ IR academics' conference in Fremantle yesterday, Natalie Skinner, Claire Hutchinson and Barbara Pocock from the Centre for Work + Life at the University of South Australia said the absence of an increase in requests in the period since the NES right was introduced in January 2010 was "unexpected and disappointing".

"It suggests that the existing right as currently drafted, publicised and administered, is not making very much difference to the flexibility available".

The Australian Work and Life Index (AWALI) survey conducted by the researchers in 2009 showed that 22.4% of the 2500 employees surveyed had requested more flexible work arrangements (prior to the RTR being introduced), with this number falling to 20.6% in the 2012 AWALI, carried out 26 months after provision was introduced.

The researchers surmised that, along with a lack of awareness, greater economic uncertainty in the period leading to the 2012 survey might have also have influenced workers in not having made requests to change working arrangements.

They said it was troubling that the March 2012 survey showed that only 30% of workers were aware of the right to request, with this figure dropping to 25% of mothers with children aged under 16.

"These findings appear to create a good case for increasing publicity about the RTR, and targeting mothers with children in particular".

Those most likely to be aware of the right, according to the survey, were government employees (40%), white collar managers (35.7%) and workers in companies with more than 100 employees (36%).

Workers least likely to be aware were in the private sector (25.9%) and small businesses with fewer than 20 employees (24.2%).

Those most likely to request flexibility were women, younger and middle aged workers and parents.

And while 43% of women with pre-school-aged children had made requests, only 23.4% of these parents reported awareness of the legislated right to request.

The 2009 and 2012 surveys showed, the researchers said, that the work/life balance of those workers whose requests were granted was better than those who requests were refused.

A high incidence of requests being fully or partly granted seemed to reflect, the researchers said, that careful thought and consultation with managers had probably occurred prior to them being made.

The most common reason for refusing requests is the potential impact on an employer's business, with there being no requirement for employers to provide evidence or ability for employees to refute this claim.

The workplaces that received and granted the most requests were those with an entrenched culture of flexibility and good communication between employees and managers.

There was little change between the two surveys in the main reasons why people request flexibility, with child care needs and study each accounting for about 15% of the requests. Some 20.5% of non-parents seek changes to accommodate study.

Just over 20% of women request changes because of child care, while this is the reason behind 11% of requests by men, who are more likely to cite the desire for more interesting/challenging work as the main reason for seeking change.

The authors cautioned against limiting the types of flexibility available under the right to request, as there continues to be a wide range of requested arrangements, including compressed working weeks, working from home and annualised hours.

Flexibility request-making in the Post-Right to Request (RTR) environment,Natalie Skinner, Claire Hutchinson and Barbara Pocock, Centre for Work + Life, University of South Australia, presented to AIRAANZ conference, Fremantle, February 2013

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