Clauses in agreements usually include information on:

• the nature of the arrangement, eg. annual leave
• eligibility criteria
• what an eligible worker is entitled to, eg. 20 days annual leave for full-time staff, pro rata for part-time staff
• an application process to access the arrangement
• an appeals process which is available if the applicant feels the initial decision is unfair

Examples of clauses for flexible work arrangements

The clauses provided below have come from actual agreements. They were originally published by Industrial Relations Victoria in their Work and Family Balance Manual (PDF 741kb). You can adapt them to suit the needs of your workplace.

Definition of family

The term 'family' is inclusive of the generally accepted lifestyles of society and includes any person dependent on the employee for care or support such as a relation by blood (child, sibling, grandparents), marriage or domestic partnership, adoption, fostering or traditional kinship without discrimination in interpretation as to race or sexual preference.

Adapted from Australian Broadcasting Corporation Senior Employment Agreement 2002-2004.

Statement of purpose

(Insert the name of organisation) recognises the needs of employees with family responsibilities and their right to address those responsibilities without conflict between their employment and family responsibilities. Staff will not be placed under any pressure to work outside their agreed hours.

(Insert the name of organisation) recognises the need for and places priority on pursuing the introduction of conditions of work that assist employees with family responsibilities to effectively discharge both responsibilities.

Adapted from Victorian Council of Social Services (VCOSS) Collective Agreement 2006.

Paid parental leave

Paid maternity leave of x weeks is available to staff members with x months continuous service at the date of going on parental leave.

X days paid partner leave is available to staff members with x months continuous service at the date of going on partner’s leave.

Paid adoption leave of up to x weeks is available to staff members with x months continuous service on the date of commencing adoption leave.

A period of paid leave may also be available for staff members who are granted long-term foster care or a permanent care order of a child or children.

Staff wishing to appeal a decision may utilise processes as outlined in the dispute resolution clause.

Adapted from several parental leave clauses.

Access to single day’s annual leave

An employee may elect, with the consent of the employer, to take annual leave in single day periods not exceeding x days in any calendar year at a time or times agreed between them.

An employee and employer may agree to defer payment of the annual leave loading in respect of single day absences, until at least x days consecutive annual leave days are taken.

Adapted from Electrical Wholesaling (Metal Manufacturing Limited) Agreement 2000

Carer’s leave

When a staff member has responsibility for the care of a family member who is ill, the staff member may use his or her sick leave entitlement for absences necessary to provide care and support. The application of this provision may be extended at the discretion of the delegate beyond an immediate family member for whom the staff member has responsibility of care to broader dependent relationships.

Applications for family leave in excess of x consecutive working days must be accompanied by a medical certificate which states that the staff member is required to attend the ill family member.

Carer’s leave can be taken by the hour.

Adapted from Australian National University (ANU) Enterprise Agreement 2000–2003.

Flexible working hours

(Insert name of organisation) aims, whenever practicable, to provide flexible working arrangements which balance service requirements with an individual’s personal needs.

Upon request for time off by an employee to attend to personal or family matters, with agreement from (insert title of relevant manager), the following may be available in addition to normal leave requirements:

• varying start and finishing times (within the span of hours) to meet personal requirements
• use of accrued time in lieu
• make-up time, by taking time off during work hours and making up time at a later stage

Adapted from City of Darebin’s Enterprise Agreement No 4.

Children – access to the workplace

Where unforeseen circumstances arise that make alternative child care arrangements impractical, a worker responsible for the care of a child may, with the permission of (insert title of relevant manager) bring the child to work if it does not conflict with the performance of the worker’s or other workers’ duties, provided the child does not have an infectious illness and occupational health and safety principles are abided by.

Adapted from JobWatch Inc Agreement 2005.

Part-time work

An employee requiring part-time work in order to meet family commitments shall have their request to work part-time considered in good faith by (insert title of relevant manager).

The employer should make every effort to accommodate the request taking into account:

• the operational requirements of the position
• the impact on customer service
• the need for continuity in the position
• the impact on other staff
• costs
• the impact on the workplace and its operation if the employee leaves the organisation if the request is refused
• opportunities to enhance service or skill mix within the organisation by using part-time workers

Adapted from several part-time clauses.

For more information on creating quality part-time work in your business see Industrial Relations Victoria's Quality Part-time Work Guidelines.

More information

See Model Work & Family Policy (Word 39kb) which you can use as the basis for your own business' policy.

The Business Victoria website has more Useful Resources for creating policy documents, eg. Human Resources Manual Template (Word 368kb).