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Section : Other situations
Domain : Human Resource Management
Classification : Not Identified

Context


This chunk outlines specific situations under the Fair Work Act where employers are required to engage with employees or their representatives, emphasizing the importance of consultation in various employment scenarios, including enterprise agreements, flexible working arrangements, and parental leave. It also provides a practical tip for managing difficult conversations in the workplace.

Text Content


The Fair Work Act sets out other situations where an employer must engage with its employees or their representatives. These include:

  •  when bargaining in good faith in the negotiation of the terms of an enterprise agreement
  •  where an employee who is entitled to request a flexible working arrangement makes such a request
  •  when negotiating an individual flexibility arrangement with an employee under an award or enterprise agreement
  •  when an employee is on parental leave, and the employer makes a decision that will have a significant effect on the employee's pre-parental leave position
  •  when an employee requests to extend their parental leave after the initial 12 months. PRACTICAL TIP: Discussing workplace issues can be difficult for both employers and employees, especially when emotions are involved. When discussing serious or complex matters with an employee, it is best practice to allow the employee the option to have a support person present. This might be a friend, co-worker, family member or union representative. Complete our free Difficult conversations in the workplace online course to learn more practical tips to manage conversations and achieve positive outcomes. The course is available from fairwork.gov.au/learning

Related Questions to the Chunk
  • What does the Fair Work Act require employers to do when negotiating an enterprise agreement?
  • In what situation must an employer engage with an employee regarding a flexible working arrangement?
  • What is the significance of an employee's request to extend their parental leave under the Fair Work Act?
  • Why is it recommended for employees to have a support person present during difficult workplace discussions?
  • How does the Fair Work Act address the situation of an employee on parental leave when significant decisions are made by the employer?
  • What are some examples of support persons that an employee might choose to have during discussions with their employer?
  • What practical tips does the text suggest for managing difficult conversations in the workplace?
  • Where can individuals find additional resources to improve their skills in handling workplace conversations?
  • What are the implications of not engaging with employees as outlined by the Fair Work Act?
  • How might emotions impact discussions between employers and employees regarding workplace issues?
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