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Flexible Work Policy

Section 1 - Purpose

(1) The University of Newcastle (University) is committed to building a high performance culture that delivers an outstanding and inspiring experience for staff and students, grounded in our values of excellence, equity, engagement and sustainability. In upholding this commitment, the University seeks to support staff in achieving a balance between the demands of their work and life commitments.

(2) This Policy sets out the flexible work arrangements available to University staff and should be read in conjunction with the University's enterprise agreements, Work Health and Safety Policy, and the Flexible Work Toolkit.

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Section 2 - Scope

(3) This Policy applies to continuing, fixed-term, and contingent University staff members employed within Australia whose employment is covered by the University's Enterprise Agreement(s).

(4) This Policy does not apply to staff of University controlled entities.

(5) This Policy does not apply to the Flextime Scheme as outlined in the University's Enterprise Agreements.

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Section 3 - Flexible Work Principles

(6) In requesting, considering and approving requests for flexible work, the following principles should be upheld.

Campus First

(7) The University values the importance of in-person connection and is committed to delivering a face-to-face learning and campus experience for our students, and a face-to-face collaboration experience for our staff. The majority of working time should be on-campus. Depending on individual circumstances and operational needs, this would mean a full-time staff member working at least 3 days per week on campus (pro-rata for part-time staff).

Balancing Three Tiered Needs

(8) In establishing flexible work arrangements, consideration should be given to: 

  1. the overarching needs of the University to ensure an outstanding and inspiring experience is created for students and staff, and to achieve long-term financial sustainability in a competitive environment;
  2. the operational needs of each work unit to support teamwork, collaboration and service delivery; and
  3. the needs of individuals within the requirements of their role.

Trust and Shared Responsibility

(9) Successful flexible work arrangements requires a shared commitment to trust, communication and transparency. Supervisors, leaders and staff must work in the best interests of the University at all times.  

Balance is Key

(10) We are committed to providing staff with the opportunity to better balance their work and home lives and recognise the benefits of flexible work.  

Focus on Excellence

(11) The University should endeavour to support flexibility that helps drive high performance, achieve quality outcomes and impact for individual and institutional excellence. 

No One Size Fits All

(12) Flexible work arrangements should support and recognise diverse individual needs and life situations, as well as functional differences across the University.

Safety and Security

(13) All work locations must provide a safe and secure environment that:

  1. meets work health and safety requirements;
  2. provides for information security; and
  3. appropriately manages risk.

Time Bound

(14) Approved flexible work arrangements are subject to a trial period and can be established for a period of up to 12 months. Reviews must be conducted 6 monthly, or may be conducted earlier if in response to operational needs, changing personal circumstances, or other relevant factors.

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Section 4 - Flexibility Options

(15) The following clauses in this Section outline the range of flexibility options usually requested by staff. However, other options may be considered where they meet the Flexible Work Principles outlined above.

Location flexibility

(16) Depending on the nature of their role, staff may request to work from home or an alternative work location, including but not limited to other University campuses, on full or partial days, subject to the requirements of the relevant Enterprise Agreement. 

Hours flexibility

(17) Staff may request to be able to take advantage of flexibility in their usual schedule of work. This may include, but is not limited to:

  1. varied start, lunch-break and finish times;
  2. varying normal working days (Mondays through Fridays);
  3. moving to a fractional load; or
  4. working hours over part-year periods.

(18) Requests for hours flexibility are subject to the allowed span of hours as per the relevant Enterprise Agreement.

Role flexibility

(19) Staff may apply to share their role, or part of their role, with one or more other staff members where the specific role or duties to be shared are able to be undertaken by another staff member. This may include split/alternate days and/or weeks.

Leave flexibility

(20) Staff may:

  1. apply to purchase additional annual leave during a calendar year;
  2. apply for various forms of paid and unpaid leave available, in accordance with the University's Enterprise Agreements; and/or
  3. use paid leave at full or half pay.
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Section 5 - Types of Flexibility Work Arrangements

Type of Arrangement Definition Documentation Requirements Delegate who may approve
Adhoc Flexible Work Arrangement A request to accommodate short-term, temporary, or occasional flexibility that does not alter the staff member’s employment conditions. These requests are sporadic in nature.

Examples include:
- request for work from home to take delivery of new furniture;
- one-off adjustment to start or finish times to attend a personal appointment;
- one-off change of campus work location to accommodate personal circumstances.		 Current Remote Work Request Form (if request involves working from home).

Agreement with approver and staff member is documented locally (e.g. email / calendar note).		 Supervisor
Regular Flexible Work Arrangement A request to accommodate a recurring variation in hours, days or location, without altering employment conditions. These requests involve a regular work pattern that involves one or more flexibility options.

Examples include:
- working from home every Monday and Wednesday:
- taking a 30-minute lunch break and finish work 30 minutes earlier;
- working at NuSpace each Friday, and Callaghan for the remainder of the week.		 Current Remote Work Request Form (if request involves working from home).

Agreement with approver and staff member. The agreed variation is documented and recorded locally.		 Supervisor
Formal Flexible Work Arrangement (includes requests made Fair Work Act 2009) A request for a formal arrangement that alters employment conditions, such as hours of work, job share arrangements, work pattern, or base location. Current Remote Work Request form (if request involves working from home).

Executed varied employment contract.

Records maintained on Personnel File.		 Executive Leader

College Pro Vice-Chancellor

Vice-Chancellor
Remote Work Arrangement A request for a temporary or ongoing arrangement where the staff member performs their full range of duties from a domestic or international location that is outside the University.

Requests for remote work arrangements may be considered in exceptional circumstances where operational needs, role requirements and performance outcomes can be fully met on a remote working basis.		 Current Remote Work Request Form (if request involves working from home).

Formal written request, including justification, supported by Manager and Head of business unit.

Risk assessment endorsed by College Pro Vice-Chancellor or Executive Leader.

Chief People and Culture Officer review and recommendation.

Approved arrangements confirmed in writing.

Records maintained on Personnel File.		 Vice-Chancellor
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Section 6 - Accessing Flexible Work Arrangements

Application

(21) A staff member may discuss a flexible work arrangement with their Supervisor at any time. Where a staff member wishes to pursue an arrangement, they may apply in writing in accordance with Section 5 of this policy. Requests may also be made under the National Employment Standards (Fair Work Act 2009), where eligible. 

Consideration

(22) All requests for flexible work arrangements will be considered in line with the University's principles for flexible work and may only be refused on reasonable business grounds (see Flexible work Toolkit for a definition). The Supervisor must discuss the request with the staff member, including potential alternative arrangements, before making a decision or recommendation to the authorised delegate. A response must be provided within 21 calendar days of receiving the request.

Approval

(23) All flexible work arrangements must be approved by an authorised delegate. Where a request is not supported, the staff member can seek advice from their HR Business Partner. If the application is not supported on the basis of work environment, the staff member can seek advice from healthandsafety@newcastle.edu.au. 

(24) Approved flexible work arrangements will not automatically continue where a staff member changes roles and/or work areas or where a new manager is appointed. The staff member must seek approval for the continuation of the flexible working arrangement from their new manager.

(25) All Remote Work Arrangements, including associated documents and endorsements, must be submitted to the Chief People and Culture Officer for review.  The Chief People and Culture Officer will submit a recommendation to the Vice-Chancellor who may approve or not approve the request. Approved Remote Working Arrangements will be formalised in writing.

Formal Records of Approval

(26) All Formal Flexible Work Arrangements must be documented by submitting the relevant Change of Employment Form in ServiceNow. Approved Formal Flexible Work Arrangements will be confirmed via a variation to the staff member’s employment contract.

Alternative and Remote Work Location Requirements

(27) All staff who wish to work from home or from an alternative location as part of their flexible work arrangement must complete the Remote Work Request Form.  This form must be completed at least annually to ensure any changes to the work location are appropriately considered.

(28) The Remote Work Request Form facilitates discussion between the staff member and their supervisor, to understand responsibilities, and ensure a safe work environment. Where it has been identified that the proposed alternative work location is not safe, such that physical and psychological risks cannot be minimised to an acceptable level, the staff member must not be permitted to work from the remote location and must work from campus.

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Section 7 - Flexible Work Arrangement Responsibilities

(29) Delegates are responsible for ensuring that flexible work approvals are granted in accordance with the requirements of this Policy and the relevant Enterprise Agreement.

(30) Supervisors are responsible for:

Safety and Awareness Being aware of where their staff are working from and be able to advise staff location in the event of an emergency.
Decision making and compliance Considering flexible work arrangement requests in accordance with this Policy and the relevant Enterprise Agreement.

Assessing the impact of a proposed flexible work arrangement on the staff member’s role, team workloads and operation, as well as student and other stakeholder expectations.

Being fair and equitable in the consideration of flexible work arrangements for all staff.
Culture and Collaboration Modelling a positive approach to flexible work.

Considering and discussing alternative flexible work arrangement options, where a staff member’s request may not be supported on reasonable business grounds.
Escalation and Support Contacting Human Resource Services for advice where they:
a. consider there are reasonable business grounds to refuse a request for a flexible work arrangement; or
b. may need support in resolving any issues identified in an existing flexible work arrangement.
Implementation and Monitoring Establishing clear performance expectations with agreed outcomes and effective communication strategies, including team communication, to support a flexible work arrangement.

Monitoring and periodically reviewing (minimum every 6 months) the effectiveness of a flexible work arrangement and discussing changes to the arrangement if required.

(31) Staff members are responsible for:

Request and Proposal Discussing any proposal for a flexible work arrangement with their Supervisor as well as alternative options if the initial proposal is not feasible.

Considering, and including in their application, details of:
a. the benefits for themselves; and
b. how the proposed flexible work arrangement can be reasonably accommodated.
Performance and Communication Having a clear understanding of performance expectations and agreed outcomes.
Maintaining effective communication with their management and team members.
Advising their Supervisor of their work location.
Being aware that at times, and at a Supervisor's discretion, staff may be required to attend meetings or events face to face on campus.
Health Safety and Wellbeing Understanding and complying with their health, safety and wellbeing obligations and responsibilities associated with their work arrangements.
Report any changes that may affect their health and safety when working from home.
Information Security and Privacy Understanding their responsibilities for the security of the University's information and systems when working remotely.
Being aware of the guidelines relating to Privacy when working remotely (see Privacy Policy).
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Section 8 - Legislation and Resources

(32) Federal Laws/Guidelines:

  1. Fair Work Act 2009 (Cth); 
  2. NSW Work Health and Safety Act 2011 and Work Health and Safety Regulation 2017;
  3. Code of Practice: Managing the Work Environment and Facilities
  4. Work and Family Best Practice Guide (Fair Work Ombudsman);
  5. Sex Discrimination Act 1984 (Cth);
  6. Disability Discrimination Act 1992 (Cth);
  7. Equal Opportunity for Women in the Workplace Act 1999 (Cth);
  8. Workplace Gender Equality Act 2012 (Cth);
  9. WGEA Employer of Choice for Gender Equality: Criteria and Guidelines;
  10. Carer Recognition Act 2010 (Cth);
  11. Carer Recognition Act 2010 Guidelines.

(33) NSW State Laws/Guidelines:

  1. Anti-Discrimination Act 1977 (NSW), Part 4B;
  2. Carers (Recognition) Act 2010 (NSW);
  3. Carer's Responsibilities Discrimination: Guidelines for Employers (Anti-Discrimination NSW).

(34) Supporting Documents:

  1. Academic and Teaching Staff Enterprise Agreement 2023;
  2. Professional Staff Enterprise Agreement 2023;
  3. Flexible Work Toolkit.