69AAF Grounds for refusal of request by employer


An employer may refuse a request only if the employer determines that the request cannot be accommodated on 1 or more of the grounds specified in subsection (2).


The grounds are—


inability to reorganise work among existing staff:


inability to recruit additional staff:


detrimental impact on quality:


detrimental impact on performance:


insufficiency of work during the periods the employee proposes to work:


planned structural changes:


burden of additional costs:


detrimental effect on ability to meet customer demand.


However, an employer must refuse a request if—


the request is from an employee who is bound by a collective agreement; and


the request relates to working arrangements to which the collective agreement applies; and


the employee’s working arrangements would be inconsistent with the collective agreement if the employer were to approve the request.

Section 69AAF: inserted, on 1 July 2008, by section 5 of the Employment Relations (Flexible Working Arrangements) Amendment Act 2007 (2007 No 105).

Section 69AAF(1): replaced, on 6 March 2015, by section 28 of the Employment Relations Amendment Act 2014 (2014 No 61).