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Professional Updates Management



                       Workplace flexibility and
                       the recovery — risks and
                       opportunities
                       Kerry Fallon Horgan, Managing Partner, Flexibility At Work


                                                                           costs but most importantly by not losing the
                                                                           skills of its people, its priceless intellectual capital
                                                                           and irreplaceable internal and external customer
• Flexible work arrangements in organisation’s short-                      relationships were safeguarded.
  term interests but also to keep employees satisfied in
  the medium to long term                                                  Other organisations treated people purely as just
                                                                           another line item, just another cost to be cut. Their
• National Employment Standards now in effect and aim                      focus was lamentably short-term and designed to
                                                                           achieve a quick fix for the bottom line. As a result,
  to promote workplace flexibility
                                                                           many of their best people left their long-term jobs
                                                                           to find organisations like yours. People who stayed
• Increased productivity, better customer service,                         on were often numbed and ‘shell-shocked’. They
  improved morale and reduced absenteeism just some                        felt an acute sense of loss caused by close work
  of the benefits available to organisations through                       colleagues being forced to leave, and reacted
  addressing staff flexibility needs                                       angrily to what they felt was a betrayal of people by
                                                                           their organisation. Their anger was compounded by
                                                                           having to cope with increased workloads when co-
                                                                           workers were not around anymore. They were often
                                                                           required to do more with much less.
                       The global financial crisis (GFC) and the
                       introduction of flexibility requirements in the     The end result was that commitment and loyalty
                       Australian National Employment Standards            have dissipated and productivity and effectiveness
                       (NES) have focused renewed attention on             plummeted in more short-sighted organisations.
                       workplace flexibility.1
                                                                           At the same time, the morale and commitment
                       Let’s look at some alternate human resource         at your workplace is at an all-time high. You and
                       management approaches to the global financial       your colleagues have created an environment
                       crisis. Your workplace seems to have survived the   where people trust and help each other, where
                       economic downturn by adopting a simple but          people feel secure in their jobs, and where work
                       proactive approach. You and your co-workers, from   and life balance has become a cornerstone of the
                       the CEO down, worked together focusing on areas     organisation’s business and strategic planning.
                       that you could control to find an answer to the
                       problem.                                            All employees from the CEO down take advantage
                                                                           of these flexible practices, which are encouraged as
                       The answer was that everyone in the organisation    a vital part of a growing and creative organisation.
                       agreed to reduce working hours for a six-month      Flexibility is seen as a business imperative for
                       period. Some chose to work part-time or to job      success.
                       share, others chose to take unpaid leave. Senior
                                                                           Australian success stories
                       management led the way by taking a 15 per cent
                       pay cut. The result was that everyone kept their    Harry Stout, ING Australia (INGA) CEO, says:
                       jobs.2                                                As a result of the GFC we have had to find creative
                                                                             ways of best deploying our resources from declining
                       The business also benefited by saving on payroll      business areas to those that are growing and requiring



112   Keeping good companies   March 2010
greater resources needs. INGA has prided itself on            position to comply with the flexible work provisions
  retaining employment wherever possible, while our             of the new National Employment Standards
  competitors reduced headcount by five to 20 per               (NES), which came into effect on 1 January 2010.
  cent. To achieve this we worked with our employees            The NES apply to all employees covered by the
  in finding ways we could reduce our employment
                                                                national workplace relations system, regardless of
  costs while maintaining headcount. Through further
                                                                the applicable industrial instrument or contract of
  encouraging flexible work practices, we were able
  to ride through the markets turbulence and are now
                                                                employment.
  positioned to leverage new opportunities.
                                                                This particular NES will significantly increase
                                                                employees’ requests for flexibility and yet the
Flexible working arrangements are open to all                   majority of organisations do not have the
employees at INGA. They include access to part-                 knowledge base to comply.
time working arrangements such as a reduced
working week, a reduction in hours by 1.5 per day               The right to request flexibility provides eligible
to accommodate school times, as well as the option              employees with significant entitlements and
to work a nine-day fortnight or a 19-day month.                 imposes legislated procedural and decision-making
These practices were promoted extensively in 2009.              obligations on employers. The NES applies to any
As a result INGA generated a ten per cent take-up               employee who is a parent, or has responsibility for
rate.                                                           the care of a child under school age or care of a
                                                                disabled child under the age of 18.
A similar response happened at AMP Ltd. Katriina
Tahka, AMP Head of Talent & Diversity explains:                 Examples of requested changes in working
  The challenging environment of the financial crisis           arrangements may include:
  encouraged us to look at creative ways to retain our          • changes in hours of work (for example, reduction
  employees and increase engagement and productivity               in hours worked, changes to start or finish times)
  in challenging times. Creative workforce planning
  strategies that continually reinforce flexibility as a work   • changes in patterns of work (for example.
  option ensure AMP has the workforce it needs, without           working ‘split-shifts’ or job sharing arrangements)
  compromising our optimistic and positive brand and            • changes in location of work (for example,
  culture.                                                        working from home or another location).3
A recent employee survey showed that around 50
per cent of AMP employees had worked flexibly in                Eligible employees must have completed at least
some way in the last six months. The companies                  12 months of continuous service. Casual employees
flexible work options include 14 weeks paid                     need to be employed on a regular and systematic
parental leave, flexible start and finish times, credit/        basis for at least 12 months and there must be a
debit time, career breaks, job-share arrangements,              reasonable expectation of continuing employment.
part-time work, telecommuting, work from home,
compressed work hours, emergency family leave,                  The employee’s request must be in writing and
purchase of additional annual leave and carers’                 must set out the change sought and their reasons
leave.                                                          for the change. An employer must respond in
                                                                writing within 21 days and must state whether
AMP Ltd sees retention of skilled employees as a                the request is granted or refused. If refused, the
key benefit of these initiatives with an excess of              written response must include the reasons for the
71 per cent return rate from parental leave and one             refusal. An employer can only reject the request on
in five employees having been with AMP for ten                  reasonable business grounds.
years or more. The other benefits include ‘reduced
training costs, increased ability to attract candidates         Damian Sloan, Partner at Middletons says:
(particularly Gen Y), and a more engaged and
productive workforce,’ says Tahka.                                The Act appears designed to facilitate workplace
                                                                  flexibility, rather than to impose it on employers. By
                                                                  requiring requests for flexible work arrangements to be
New legislative requirements                                      in writing, and insisting on the employer responding in
                                                                  writing within 21 days, the Act encourages dialogue
Workplaces that have introduced or reinvigorated                  between employers and employees in relation to
their flexible work practices over the past year have             workplace flexibility. An employer cannot simply dismiss
not only significantly reduced costs but are now in a             the request out of hand. The aspiration seems to be




                                                                                                                             113
Professional Updates Management


                         that by facilitating discussions between the parties, the     is cognisant of their whole of life needs. Through
                         Act will in fact promote workplace flexibility.               supporting employees in their endeavours to gain
                                                                                       the most out of all aspects of their home, work and
                         The Act does not provide any guidance on what                 family roles, we gain greater employee productivity and
                         will constitute ‘reasonable business grounds’ for             commitment to the organisation.
                         refusing and employee’s request. This is quite logical,
                                                                                     Ann Sherry AO, CEO of Carnival Australia says
                         given that workplace flexibility by definition requires
                         a consideration of the particular employment                ‘flexibility is embedded in the way we operate
                         circumstances. Attempting to define the term, even by       our business through policies and work practices’.
                         way of example, could in fact operate to limit its scope.   Sherry has found the business outcomes of these
                                                                                     practices to include:
                         Employers may get some guidance from the cases that         • increased ability to respond to changing business
                         have explored the approach that employer’s must take           requirements
                         to accommodate an employee’s family responsibilities,
                         under relevant anti-discrimination legislation. Using       • increased employee engagement
                         those cases as a guide, both the employer and               • increased productivity and
                         the employee would be expected to approach the
                         discussions with, at the very least, an open mind, and      • effective use of office space.
                         a willingness to move in their respective positions so
                         as to reach common ground. An employer would not            IBM Australia has an extensive range of flexible
                         be expected to approve any request for flexibility that     work options for employees. With regard to
                         would prevent the employee from performing the key
                                                                                     benefits, Rosalind Reidy, IBM Diversity Program
                         functions of their role. It would also be reasonable to
                                                                                     Manager, explains:
                         take into account the extent to which the changed
                         arrangements would have an impact on co-workers and           We know from surveys and feedback from our
                         on the efficiency of the business generally.                  employees that flexibility matters to our people and as
                                                                                       an IT company we are well positioned to offer flexible
                         While it is a regrettably lawyer-like thing to say, each      work options because we have the tools and technology
                         case will simply have to be considered on its own facts.      to support it — virtually every employee has a laptop
                                                                                       so staying connected is easy regardless of where they
                       Organisations such as INGA, IBM, AMP, Stockland
                                                                                       are. Work flexibility is also in line with our organisational
                       and Carnival Australia are using the introduction
                                                                                       values which are around personal trust and responsibility,
                       of this NES to update existing flexible workplace
                                                                                       innovation and dedication to client success.
                       policies and guidelines and/or provide training on the
                       legislation and how to make flexible work practices             We believe being able to offer flexible work
                       viable. The legislation is providing an opportunity             arrangements helps us to attract and retain high-
                       to reinforce their commitment to flexibility through            performing employees. At the same time we see
                       awareness and education programs.                               our flexible benefits and leave options as helping
                                                                                       to differentiate IBM from other organisations in the
                                                                                       marketplace and position us as an employer of choice.
                       The opportunities
                                                                                     Rilla Moore, Executive GM, Human Resources,
                       Aside from legislative compliance, there are real             Stockland says that the current drivers for its focus
                       bottom-line incentives to implementing workplace              on flexible work practices include maximisation of
                       flexibility including increased productivity, better          employee retention and engagement, provision
                       customer service, improved morale, reduced                    of access to an additional pool of talent, desire to
                       absenteeism, greater overall effectiveness, and an            embrace a more diverse and inclusive workforce and
                       ability to adapt readily to market changes. There’s           compliance with the new NES.
                       also that very profitable, but less concise notion of
                       ‘discretionary effort’, where workers go that extra
                       mile because they believe that employers are doing
                                                                                     Assistance for small business
                       the right thing by them.                                      If you have a small business of up to 14 employees,
                                                                                     funding of up to $15,000 is available from the
                       Harry Stout of INGA sees flexible work                        Department of Education, Employment and
                       arrangements as key pillars of their engagement               Workplace Relations to help manage work/life
                       practices and an integral part of their employment            balance initiatives, including home-based work
                       brand. Stout says:                                            programs, flexible work practices such as job sharing
                         Over the years we have continually invested in              and part-time work, flexible workplace policies and
                         creating an environment that respects individuals and       guidelines and family rooms. The current funding



114   Keeping good companies   March 2010
round closes on 31 March 2010.4 Eligible small        • an ongoing communication strategy and
businesses can include companies, partnerships,       • program evaluation.
not-for-profit, non-government, sole traders and
consortiums of up to three small businesses.
                                                      Organisations are now required by law to
                                                      implement these practices. There is expert advice
Making flexibility work                               readily available to organisations from specialists in
                                                      this field and a great deal of time and expense can
All organisations have unique issues to address and
                                                      be saved by accessing this expertise.
most are at different stages in the development of
their flexible workplace program. At Flexibility At
                                                      Kerry Fallon Horgan can be contacted on (02) 9402
Work we take a customised organisational change
                                                      4741, by email at kerry@flexibility.com.au or via the
approach for the sustainable success of workplace
                                                      website www.flexibility.com.au.
flexibility. The steps can include:
• a work/life audit
                                                      Notes
• development of policies and guidelines which
  include the NES flexibility requirements            1    For detailed information on the legal dimensions of
                                                          the NES, see Tumpey P, 2008, ‘Government releases
• an understanding of the organisation’s specific
                                                          new National Employment Standards’, Keeping good
  business case
                                                          companies, Vol 60 No 7, pp 424–427
• employee and management training, which             2   See, for example, Stockley D, 2009, ‘The new rules for
  includes how to apply for and how to make these         managing people’, Keeping good companies, Vol 61
                                                          No 6, pp 372–374
  practices work
                                                      3   Fair Work Ombudsman, 2009, Requests for flexible
• sophisticated, facilitated dialogue with senior         working arrangements and the National Employment
  management                                              Standards, Australian Government, Canberra
                                                      4   See www.deewr.gov.au/WorkplaceRelations/
• management coaching                                     FreshIdeas/Pages/smallbusinessgrants.aspx
• a rewards system that includes effectively              [23 February 2010]
  managing flexibility




                                                                                                                   115

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Workplace Flexibility and the Recovery - Risks & Opportunities

  • 1. Professional Updates Management Workplace flexibility and the recovery — risks and opportunities Kerry Fallon Horgan, Managing Partner, Flexibility At Work costs but most importantly by not losing the skills of its people, its priceless intellectual capital and irreplaceable internal and external customer • Flexible work arrangements in organisation’s short- relationships were safeguarded. term interests but also to keep employees satisfied in the medium to long term Other organisations treated people purely as just another line item, just another cost to be cut. Their • National Employment Standards now in effect and aim focus was lamentably short-term and designed to achieve a quick fix for the bottom line. As a result, to promote workplace flexibility many of their best people left their long-term jobs to find organisations like yours. People who stayed • Increased productivity, better customer service, on were often numbed and ‘shell-shocked’. They improved morale and reduced absenteeism just some felt an acute sense of loss caused by close work of the benefits available to organisations through colleagues being forced to leave, and reacted addressing staff flexibility needs angrily to what they felt was a betrayal of people by their organisation. Their anger was compounded by having to cope with increased workloads when co- workers were not around anymore. They were often required to do more with much less. The global financial crisis (GFC) and the introduction of flexibility requirements in the The end result was that commitment and loyalty Australian National Employment Standards have dissipated and productivity and effectiveness (NES) have focused renewed attention on plummeted in more short-sighted organisations. workplace flexibility.1 At the same time, the morale and commitment Let’s look at some alternate human resource at your workplace is at an all-time high. You and management approaches to the global financial your colleagues have created an environment crisis. Your workplace seems to have survived the where people trust and help each other, where economic downturn by adopting a simple but people feel secure in their jobs, and where work proactive approach. You and your co-workers, from and life balance has become a cornerstone of the the CEO down, worked together focusing on areas organisation’s business and strategic planning. that you could control to find an answer to the problem. All employees from the CEO down take advantage of these flexible practices, which are encouraged as The answer was that everyone in the organisation a vital part of a growing and creative organisation. agreed to reduce working hours for a six-month Flexibility is seen as a business imperative for period. Some chose to work part-time or to job success. share, others chose to take unpaid leave. Senior Australian success stories management led the way by taking a 15 per cent pay cut. The result was that everyone kept their Harry Stout, ING Australia (INGA) CEO, says: jobs.2 As a result of the GFC we have had to find creative ways of best deploying our resources from declining The business also benefited by saving on payroll business areas to those that are growing and requiring 112 Keeping good companies March 2010
  • 2. greater resources needs. INGA has prided itself on position to comply with the flexible work provisions retaining employment wherever possible, while our of the new National Employment Standards competitors reduced headcount by five to 20 per (NES), which came into effect on 1 January 2010. cent. To achieve this we worked with our employees The NES apply to all employees covered by the in finding ways we could reduce our employment national workplace relations system, regardless of costs while maintaining headcount. Through further the applicable industrial instrument or contract of encouraging flexible work practices, we were able to ride through the markets turbulence and are now employment. positioned to leverage new opportunities. This particular NES will significantly increase employees’ requests for flexibility and yet the Flexible working arrangements are open to all majority of organisations do not have the employees at INGA. They include access to part- knowledge base to comply. time working arrangements such as a reduced working week, a reduction in hours by 1.5 per day The right to request flexibility provides eligible to accommodate school times, as well as the option employees with significant entitlements and to work a nine-day fortnight or a 19-day month. imposes legislated procedural and decision-making These practices were promoted extensively in 2009. obligations on employers. The NES applies to any As a result INGA generated a ten per cent take-up employee who is a parent, or has responsibility for rate. the care of a child under school age or care of a disabled child under the age of 18. A similar response happened at AMP Ltd. Katriina Tahka, AMP Head of Talent & Diversity explains: Examples of requested changes in working The challenging environment of the financial crisis arrangements may include: encouraged us to look at creative ways to retain our • changes in hours of work (for example, reduction employees and increase engagement and productivity in hours worked, changes to start or finish times) in challenging times. Creative workforce planning strategies that continually reinforce flexibility as a work • changes in patterns of work (for example. option ensure AMP has the workforce it needs, without working ‘split-shifts’ or job sharing arrangements) compromising our optimistic and positive brand and • changes in location of work (for example, culture. working from home or another location).3 A recent employee survey showed that around 50 per cent of AMP employees had worked flexibly in Eligible employees must have completed at least some way in the last six months. The companies 12 months of continuous service. Casual employees flexible work options include 14 weeks paid need to be employed on a regular and systematic parental leave, flexible start and finish times, credit/ basis for at least 12 months and there must be a debit time, career breaks, job-share arrangements, reasonable expectation of continuing employment. part-time work, telecommuting, work from home, compressed work hours, emergency family leave, The employee’s request must be in writing and purchase of additional annual leave and carers’ must set out the change sought and their reasons leave. for the change. An employer must respond in writing within 21 days and must state whether AMP Ltd sees retention of skilled employees as a the request is granted or refused. If refused, the key benefit of these initiatives with an excess of written response must include the reasons for the 71 per cent return rate from parental leave and one refusal. An employer can only reject the request on in five employees having been with AMP for ten reasonable business grounds. years or more. The other benefits include ‘reduced training costs, increased ability to attract candidates Damian Sloan, Partner at Middletons says: (particularly Gen Y), and a more engaged and productive workforce,’ says Tahka. The Act appears designed to facilitate workplace flexibility, rather than to impose it on employers. By requiring requests for flexible work arrangements to be New legislative requirements in writing, and insisting on the employer responding in writing within 21 days, the Act encourages dialogue Workplaces that have introduced or reinvigorated between employers and employees in relation to their flexible work practices over the past year have workplace flexibility. An employer cannot simply dismiss not only significantly reduced costs but are now in a the request out of hand. The aspiration seems to be 113
  • 3. Professional Updates Management that by facilitating discussions between the parties, the is cognisant of their whole of life needs. Through Act will in fact promote workplace flexibility. supporting employees in their endeavours to gain the most out of all aspects of their home, work and The Act does not provide any guidance on what family roles, we gain greater employee productivity and will constitute ‘reasonable business grounds’ for commitment to the organisation. refusing and employee’s request. This is quite logical, Ann Sherry AO, CEO of Carnival Australia says given that workplace flexibility by definition requires a consideration of the particular employment ‘flexibility is embedded in the way we operate circumstances. Attempting to define the term, even by our business through policies and work practices’. way of example, could in fact operate to limit its scope. Sherry has found the business outcomes of these practices to include: Employers may get some guidance from the cases that • increased ability to respond to changing business have explored the approach that employer’s must take requirements to accommodate an employee’s family responsibilities, under relevant anti-discrimination legislation. Using • increased employee engagement those cases as a guide, both the employer and • increased productivity and the employee would be expected to approach the discussions with, at the very least, an open mind, and • effective use of office space. a willingness to move in their respective positions so as to reach common ground. An employer would not IBM Australia has an extensive range of flexible be expected to approve any request for flexibility that work options for employees. With regard to would prevent the employee from performing the key benefits, Rosalind Reidy, IBM Diversity Program functions of their role. It would also be reasonable to Manager, explains: take into account the extent to which the changed arrangements would have an impact on co-workers and We know from surveys and feedback from our on the efficiency of the business generally. employees that flexibility matters to our people and as an IT company we are well positioned to offer flexible While it is a regrettably lawyer-like thing to say, each work options because we have the tools and technology case will simply have to be considered on its own facts. to support it — virtually every employee has a laptop so staying connected is easy regardless of where they Organisations such as INGA, IBM, AMP, Stockland are. Work flexibility is also in line with our organisational and Carnival Australia are using the introduction values which are around personal trust and responsibility, of this NES to update existing flexible workplace innovation and dedication to client success. policies and guidelines and/or provide training on the legislation and how to make flexible work practices We believe being able to offer flexible work viable. The legislation is providing an opportunity arrangements helps us to attract and retain high- to reinforce their commitment to flexibility through performing employees. At the same time we see awareness and education programs. our flexible benefits and leave options as helping to differentiate IBM from other organisations in the marketplace and position us as an employer of choice. The opportunities Rilla Moore, Executive GM, Human Resources, Aside from legislative compliance, there are real Stockland says that the current drivers for its focus bottom-line incentives to implementing workplace on flexible work practices include maximisation of flexibility including increased productivity, better employee retention and engagement, provision customer service, improved morale, reduced of access to an additional pool of talent, desire to absenteeism, greater overall effectiveness, and an embrace a more diverse and inclusive workforce and ability to adapt readily to market changes. There’s compliance with the new NES. also that very profitable, but less concise notion of ‘discretionary effort’, where workers go that extra mile because they believe that employers are doing Assistance for small business the right thing by them. If you have a small business of up to 14 employees, funding of up to $15,000 is available from the Harry Stout of INGA sees flexible work Department of Education, Employment and arrangements as key pillars of their engagement Workplace Relations to help manage work/life practices and an integral part of their employment balance initiatives, including home-based work brand. Stout says: programs, flexible work practices such as job sharing Over the years we have continually invested in and part-time work, flexible workplace policies and creating an environment that respects individuals and guidelines and family rooms. The current funding 114 Keeping good companies March 2010
  • 4. round closes on 31 March 2010.4 Eligible small • an ongoing communication strategy and businesses can include companies, partnerships, • program evaluation. not-for-profit, non-government, sole traders and consortiums of up to three small businesses. Organisations are now required by law to implement these practices. There is expert advice Making flexibility work readily available to organisations from specialists in this field and a great deal of time and expense can All organisations have unique issues to address and be saved by accessing this expertise. most are at different stages in the development of their flexible workplace program. At Flexibility At Kerry Fallon Horgan can be contacted on (02) 9402 Work we take a customised organisational change 4741, by email at kerry@flexibility.com.au or via the approach for the sustainable success of workplace website www.flexibility.com.au. flexibility. The steps can include: • a work/life audit Notes • development of policies and guidelines which include the NES flexibility requirements 1 For detailed information on the legal dimensions of the NES, see Tumpey P, 2008, ‘Government releases • an understanding of the organisation’s specific new National Employment Standards’, Keeping good business case companies, Vol 60 No 7, pp 424–427 • employee and management training, which 2 See, for example, Stockley D, 2009, ‘The new rules for includes how to apply for and how to make these managing people’, Keeping good companies, Vol 61 No 6, pp 372–374 practices work 3 Fair Work Ombudsman, 2009, Requests for flexible • sophisticated, facilitated dialogue with senior working arrangements and the National Employment management Standards, Australian Government, Canberra 4 See www.deewr.gov.au/WorkplaceRelations/ • management coaching FreshIdeas/Pages/smallbusinessgrants.aspx • a rewards system that includes effectively [23 February 2010] managing flexibility 115