Flexible work may ‘backfire’

A proposal to change the nation’s workplace laws to allow older workers to demand flexible working arrangements could “backfire”, according to the Business Council of Australia (BCA).

The Australian Law Reform Commission is examining whether the Fair Work Act should be changed to allow workers aged over 45 years to seek flexible arrangements that are now confined to people with children under school age or under 18 and with a disability.

In a new submission to the commission’s inquiry into age barriers to people working, the BCA says making legal changes “may only tip the balance of choice even more firmly in favour of younger workers”.

After reviewing the submission, The Australian reports the Fair Work Act already allows for carer responsibilities and disability to be a basis for workers of all ages to request flexible work arrangements.

“There would be a risk of increased regulatory compliance costs in return for small (or no) additional benefits for older workers,” BCA chief executive, Jennifer Westacott, writes in the submission.

The Australian Chamber of Commerce and Industry has also said it was opposed to extending the right to request the working arrangements.

Insurance Australia Group told the commission employers need to give thought to how they retain older workers. The insurer allows workers to take a “career break” for reasons such as caring for their grandchildren, but some groups want the provisions for flexible working arrangements extended.

The Superannuated Commonwealth Officers Association said survey evidence showed family responsibilities such as childcare and looking after aged parents mean many women aged between 45 and 54 years would want to work part-time.

“Some men in the same age group might also prefer flexible working hours for similar reasons,” the association stated in its submission.

The BCA argued discrimination against workers based on their age should be tackled by educating companies about the benefits to them of hiring older workers.

“While there has been a strong increase in the labour force participation of older Australians over the past 10 years, suggesting the problem of age-based discrimination is falling, Australia still has lower levels of older worker participation than other OECD countries,” Ms Westacott told the commission.

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