Commonwealth Consolidated Acts

FAIR WORK ACT 2009 - SECT 66AAC

Timing of response

  (1)   An employer must give an employee a written response to a notification given under section   66AAB within 21 days after the notification is given to the employer.

Information that must be included in response

  (2)   The response must be in writing and include the following:

  (a)   a statement that the employer:

  (i)   accepts the notification; or

  (ii)   does not accept the notification on one or more grounds referred to in subsection   (4); and

  (b)   if the employer accepts the notification--the following information:

  (i)   whether the employee is changing to full - time employment or part - time employment;

  (ii)   the employee's hours of work after the change takes effect;

  (iii)   the day the employee's change to full - time employment or part - time employment takes effect;

  (c)   if the employer does not accept the notification--reasons for the employer's decision.

Consulting with employee

  (3)   Before giving a response under subsection   (1), the employer must consult with the employee about the notification and must, if the employer is accepting the notification, discuss the matters the employer intends to specify for the purposes of subparagraphs   (2)(b)(i) to (iii).

Grounds for employer to not accept notification

  (4)   For the purposes of subparagraph   (2)(a)(ii), the employer may not accept the notification on any of the following grounds:

  (a)   having regard to subsections   15A(1) to (4) and the employee's current employment relationship with the employer, the employee still meets the requirements of those subsections;

  (b)   there are fair and reasonable operational grounds for not accepting the notification;

  (c)   accepting the notification would result in the employer not complying with a recruitment or selection process required by or under a law of the Commonwealth or a State or a Territory.

Note 2:   In relation to paragraph   (4)(c), see (for example) the APS Employment Principle at paragraph   10A(1)(c) of the Public Service Act 1999 (which deals with decisions based on merit) and any directions made under subsection   11A(2) of that Act in relation to that principle.

  (5)   For the purposes of paragraph   (4)(b), fair and reasonable operational grounds for not accepting the notification include the following:

  (a)   substantial changes would be required to the way in which work in the employer's enterprise is organised;

  (b)   there would be significant impacts on the operation of the employer's enterprise;

  (c)   substantial changes to the employee's terms and conditions would be reasonably necessary to ensure the employer does not contravene a term of a fair work instrument that would apply to the employee as a full - time employee or part - time employee (as the case may be).

Note:   For the purposes of paragraphs   (5)(a) and (c), substantial changes include changes that significantly affect the way an employee would need to work.