Flexible Working Arrangements
St Joseph's School staff have a right to request flexible working arrangements at any time as required by the Employment Relations Act 2000 (Part 6AA). Applications for flexible working arrangements are considered in 
good faith.
According to the Employment Relations Act 2000 (s 4), the duty of good faith applies in all of the various employment relationships, including between an employer and an employee and an employer and a union. Good faith involves the following principles:
- all parties must not mislead or deceive or do anything that is likely to mislead or deceive each other
- all parties must show mutual obligations of trust and confidence
- all parties must be active and constructive in establishing and maintaining a productive employment relationship in which parties are responsive and communicative, among other things
- employers proposing to make a change that will or is likely to have an adverse effect on the employment of one or more staff members should provide affected staff access to information about this change and the opportunity to comment on this information before a decision is made.
A party to an employment relationship who fails to comply with the duty of good faith may be liable to a penalty under the Employment Relations Act 2000 (s 4A) if the failure was:
- deliberate, serious, and sustained
- intended to undermine bargaining for an employment agreement
- intended to undermine an employment agreement
- intended to undermine an employment relationship
- intended to undermine the pay equity claim resolution process under Part 4 of the Equal Pay Act 1972
- a breach of section 59B or 59C of the Act.
Employment Relations Act 2000
Employment New Zealand: Good faith 
Flexible working arrangements may include varying the days, hours, and/or place of work (eg. part-time, job sharing, transition hours). We may consider arrangements on a short-term or long-term basis.
Applying for flexible working arrangements
If the school receives a request for flexible working arrangements, we discuss this in good faith with the staff member. The school and staff member may reach a mutual agreement through discussion.
The school may direct the staff member to follow a formal process outlined in the Employment Relations Act 2000 (s 69AAC). The staff member may also choose to follow this process when making their initial request.
If a formal request is made under the Employment Relations Act 2000 (s 69AAC), both the staff member and the school have responsibilities under this legislation. The request must be in writing and include:
- the name of the staff member
- the date when the request was made
- reference to Part 6AA of the Employment Relations Act 2000 (i.e. that the request was made under this part of the Act)
- details of the working arrangements requested and whether this request is permanent or for a period of time
- the proposed start date and if the change is for a period of time, the date on which it is to end
- an explanation of any changes that the school may need to make if the request is approved.
Staff affected by family violence can apply for short-term variation to their working arrangements (up to two months), and will receive a response within 10 working days (Employment Relations Act 2000, Part 6AB).
Considering requests for flexible working arrangements
The board, as the employer, is responsible for overseeing flexible working arrangements but may delegate responsibilities as part of this process. The board acknowledges the application in writing, advising if further information or a meeting is needed. The board considers the request and responds as soon as possible but no later than one month after receiving it.
The school informs the staff member in writing whether the request has been approved or refused. If the request is refused, the written notification explains any grounds for refusal.
Under the Employment Relations Act 2000 (s 69AAF), an employer may determine that a request for flexible working arrangements cannot be accommodated on one or more of the following grounds:
- inability to reorganise work among existing staff and/or recruit additional staff
- insufficiency of work during the periods the employee proposes to work
- planned structural changes
- burden of additional costs
- detrimental impact on quality and/or performance
- detrimental effect on ability to meet customer demand.
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.
Employment Relations Act 2000
If a staff member is not satisfied with the outcome of the request, or believes the board did not meet their responsibilities under the Employment Relations Act 2000, our concerns and complaints process applies. Staff members may also seek external advice.
Related policies
Legislation
- Employment Relations Act 2000 (Part 6AA)
Resources
Hei mihi | Acknowledgement
SchoolDocs appreciates the professional advice of the Anderson Lloyd legal team (Dunedin) in reviewing this policy.
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: Term 4 2024, Term 3 2023, Term 3 2022
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