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6 Strategies to encourage the adoption of flexible workplaces

6.1 Introduction

6.2 Creating an expert working group on flexible workplaces

6.3 What are some of the features that might make up a flexible workplace for employees with disability

6.4 What strategies might assist in encouraging the adoption of flexible workplaces for employees with disability and others?

6.4.1 Creation of a multi-sector coalition focussed on the promotion of flexible workplaces

6.4.2 Collect information and develop materials that highlight the general benefits of workplace flexibility

6.4.3 Develop tools that assist employers to create a flexible workplace

6.4.4 Engage in a campaign to demonstrate the benefits to business and assist in creating flexible workplaces

6.5 Comments in further submissions to the Inquiry

6.6 Issues for further discussion

6.7 Recommendation regarding flexible workplaces

Appendix 6A

6.1 Introduction

There are many aspects of day-to-day living that require some degree of flexibility in the working environment. In particular there is much discussion about creating family-friendly workplaces and workplaces that take account of the needs of the maturing workforce. [1] However, there has been less discussion about the needs of people with disability despite the fact - or perhaps because of the fact - that those needs are often quite similar to the rest of the population in this context.

A large number of First Round Submissions stressed the vital importance of a flexible workplace to the successful recruitment and retention of all employees, including employees with disability. [2]

The Inquiry made the following Interim Recommendation regarding the creation of flexible workplaces:

Interim Recommendation 19: Flexible workplace

The Inquiry recommends the development of guidelines for creating a flexible workplace for employees with disability. It may be useful to coordinate such efforts with people designing family-friendly workplaces.

Given the importance of this issue, the Inquiry established a working group to assist in developing guidelines and strategies for promoting flexible workplaces.

6.2 Creating an expert working group on flexible workplaces

When WORKability I: Barriers was published, 13 organisations had already agreed to participate in the working group on work trials. The group expanded to include representatives from the following 24 organisations:

• ACROD
• AMP
• Association of Competitive Employment
• Australian Chamber of Commerce and Industry
• Australian Council of Trade Unions
• Australian Federation of Disability Organisations
• Australian Public Service Commission
• Blind Citizens Australia
• Brain Injury Australia
• Carers Australia
• Centacare
• Department of Employment and Workplace Relations
• Disability Coordination Officer, Northern, Central and Southern Sydney
• Disability Council of NSW
• Disability Employment Action Centre
• Diversity@Work
• Employers Making A Difference
• Mental Health Council of Australia
• National Association of People Living with HIV/AIDS
• National Employment Services Association
• People With Disability Australia
• Physical Disability Council of Australia
• SANE Australia
• Women With Disabilities Australia .

The working group met on 14 September 2005 and then continued discussion through email.

The group was generally of the view that the types of flexibilities that an employee with disability might need to work effectively are not substantially different to the types of flexibilities that any other employee might, for a variety of reasons, need at different times of life. However, while the group recognised the similarities, it also saw advantages in adding the disability argument for workplace flexibility.

The group also spent some time discussing ways that the idea of workplace flexibility might be 'sold' to employers.

6.3 What are some of the features that might make up a flexible workplace for employees with disability?

The group noted that a 'flexible workplace' is not about a static set of conditions but an ability to respond to the needs of individual employees in terms of working hours and location.

The following are some ideas about how an employer might cater to those issues. However the group was adamant that this list be read as a range of options rather than a menu of minimum conditions. The group also noted that these types of conditions may benefit any employee - whether or not they have a disability:

• flexible working hours
• part time work
• job sharing
• flexible use of annual leave
• access to single days leave
• purchased leave
• home-based work
• teleworking
• makeup time
• time off in lieu
• hours averaged over an extended period
• compressed working hours
• flexible start and finish times
• flexi time
• banking and accrual of rostered days off
• staggered hours
• shift swapping
• self rostering
• annualised hours
• paid and unpaid carers leave
• periods of respite during the day (which can be made up at other times)
• accumulation of long service and sick leave between employers (for example, the building industry)
• personal leave for medical appointments
• availability of short periods of leave (for example, a few hours for medical appointments)
• special leave for rehabilitation.

The Department of Employment and Workplace Relations (DEWR) provided an adaptation of its Fact Sheet entitled '20 cheap and easy ideas for a family friendly workplace' for discussion amongst the group. The group agreed that it contained useful ideas and should be reviewed further (see Appendix 6A at the end of this chapter).

The group distinguished between the types of 'workplace flexibilities' listed above and the 'workplace accommodations' that may be needed by an employee with certain disabilities. For example, the group suggested that the following types of features were 'workplace accommodations' rather than 'workplace flexibilities':

• careful job design to take account of a person's disability (for example, less travel for people with mobility limitations)
• job renegotiation or redesign in the event of newly acquired or changing conditions
• negotiation of extended periods of leave to take into account episodic needs (for example, serious mental health episodes)
• provision of a room for taking periods of respite during the day
• provision of additional administrative support for people with certain disabilities
• personal and peer support in the workplace
• improved communication strategies between people with sensory impairments and/or intellectual disability and their work colleagues
• better lighting and markings at workplaces.

While noting that these 'accommodations' might also benefit people without disability, it is more likely that people with disability will need such changes to work to their full capacity in the workplace.

Some of the advantages of making a distinction between 'workplace flexibility' and 'workplace accommodation' might include:

1. there are mechanisms already in place to assist employers with workplace accommodations and supports (although that assistance may require some expansion if these types of things are to be incorporated)
2. there may be reduced stigma attached to requests by employees with disability regarding flexible working hours and location, if all employees are entitled to such flexibilities.

6.4 What strategies might assist in encouraging the adoption of flexible workplaces for employees with disability and others?

The working group discussed two aspects to advancing the implementation of workplace flexibilities:

• availability of clear information and guidelines on how to create a flexible workplace
• promotion of the business benefits of a flexible workplace.

In that context, the Inquiry made the following suggestions to the working group.

6.4.1 Creation of a multi-sector coalition focussed on the promotion of flexible workplaces

Much of the promotion work in the context of flexible workplaces is already being carried out in the context of 'work and family' and 'work and ageing'. While the working group was eager to add the disability perspective to this debate, it was wary of creating a perception that employees with disability have additional 'special needs'.

One way to balance these goals would be to join other groups (for example, family, ageing, carers, unions) in their efforts to promote flexible workplaces and ensure that the disability perspective is included.

For example, case studies regarding employees with disability could be added to the general discussion about workplace flexibility. SANE Australia has already done some work on adapting the workplace to take account of general mental health concerns.

DEWR has indicated its interest in broadening the application of its 'family friendly' guidelines and incorporating the disability perspective.

6.4.2 Collect information and develop materials that highlight the general benefits of workplace flexibility

The group suggested that it would be helpful to have information that demonstrates the benefits of workplace flexibility in both an economic and social sense. The following types of information and materials may assist in this regard:

• general fact sheet: 'Why does a flexible workplace make it easier to recruit and retain employees?', followed by a series of specific fact sheets addressing the interests of the following groups (the content is likely to be similar between sheets):
  • employees with disability (pre-existing or acquired while in a job)
  • employees with children
  • employees with sick or ageing parents and other family members
  • employees who are getting older
  • employees with workplace stress
  • employees who live a long way from the workplace
• general fact sheet: 'The business case for a flexible workplace', with additional specific fact sheets addressing the interests of large, small and medium sized businesses
• collection of data from surveys demonstrating the positive impact of a flexible workplace across different industries
• identify any economic analysis showing the negative impact of rejecting people who need flexible working arrangements (ACCESS Economics)
• identify and publish case studies showing the benefits of a flexible workplace (for example, winners of the Prime Minister's Employer of the Year Awards should be required to share their stories and expertise)
• identify and publish case studies showing how flexibility helps to 'get the job done'
• ensure easy accessibility to this material. For example, links between www.jobable.gov.au (employer information), [3] www.workplace.gov.au (create a 'work and disability' section under 'work and family' in the Fact Sheets employer section) [4] and DEWR's new one-stop-information-shop. [5]

6.4.3 Develop tools that assist employers to create a flexible workplace

Once a business is convinced about the benefits of a flexible workplace it may look for guidelines on how to create such an environment. The following materials may be of some use in this regard:

• general fact sheet: '20 cheap and easy ideas to attract and retain staff' highlighting that people from all groups in society benefit from flexibility. This should be followed by a series of specific fact sheets highlighting the benefits for different groups (even though the content might be similar). For example:
  • '20 ways to attract and retain staff with disability'
  • '20 ways to attract and retain staff with family responsibilities'
  • '20 ways to attract and retain staff with carer responsibilities'
  • '20 ways to attract and retain ageing staff'
  • '20 ways to attract and retain young staff'
• information sheet demonstrating the different ways to introduce a flexible workplace. For example: formal policy vs informal arrangements; big business vs small business approaches
• showcase best practice policies and practices
• ensure easy accessibility to this material. For example, links between www.jobable.gov.au (employer information), [6] www.workplace.gov.au (create a 'work and disability' section under 'work and family' in the Fact Sheets employer section) [8] and DEWR's new one-stop-information-shop. [7]

6.4.4 Engage in a campaign to demonstrate the benefits to business and assist in creating flexible workplaces

The provision of information is never enough. There needs to be a multifaceted campaign to promote the benefits of a flexible workplace and the availability of assistance for those who need it, if there is to be any progress. Some ideas include:

• use the information created above to market the idea of workplace flexibility for all groups in society - including employers, employment services and people with disability
• provide easy access to customised advice for employers on how to create a flexible workplace for all employees (including employees with disability)
• develop projects designed to prove the benefits to business of flexible workplaces (for example, DEWR is engaged in two industry projects focussing on promoting flexible and family friendly workplace arrangements in the retail industry and in the restaurant and catering industry)
• employer award schemes accompanied by a sharing of expertise amongst the business community
• team up with groups lobbying for workplaces that are friendly to people with disability, families, carers and the elderly
• joint pressure from employer representative groups (for example, the Australian Chamber of Commerce and Industry , Business Council of Australia, Council of Small Business Organisations Australia, Australian Industry Group, Australian Business Limited) to develop workplaces that are friendly to employees with varying needs
• government incentives.

6.5 Comments in further submissions to the Inquiry

The First Round Submissions suggested a range of conditions that might be considered in developing a flexible workplace for all employees, and people with disability in particular. [9] Many of these ideas were adopted by the working group.

Several Second Round Submissions endorsed the importance of flexible workplaces. [10] The following additional comments were made:

• flexible workplace models should allow workers with a disability to work remotely from home and ensure that any modifications required to the workers home-office be funded through government grants [11]
• flexible working hours is very important for some individuals with a psychiatric disability [12]
• a slight change in a duty description might result in a big difference for people with an intellectual disability. Sometimes a small revision of duties can make the difference between whether the person with the disability will be able to maintain a position [13]
• CRS Australia offers considerable expertise to employers in the arrangement of job accommodation options for employees with a disability and injured employees. Fact sheets for employers and job seekers can be found at www.jobable.gov.au [14]
• workplaces need to create awareness among staff about issues affecting people with disability. They should also make provision for training and education in the workplace to avoid prejudice or judgmental attitudes when they see that people with disability are given flexible treatment [15]
• business services can play a role in defining a flexible workplace. [16]

During the Inquiry's employer consultations on 10 October 2005, participants noted that many companies have workplace policies that allow for flexibility but there is often a gap between the policy and the practice. Employers also suggested that 'singling out' the needs of people with disability in the context of flexible workplaces can reinforce the cultural reluctance of managers to hire people with disability. [17]

6.6 Issues for further discussion

Due to the short period of time available, the group was unable to settle on a comprehensive strategy for the promotion and adoption of flexible workplaces that would benefit people with disability without further stigmatisation.

It seems to the Inquiry that one way forward is to gather a coalition of groups that can identify existing materials, develop new materials and promote the general benefits of workplace flexibilities (noting the need to ensure that minimum conditions are protected and the flexibility is not abused).

The Inquiry also recommends close consultation with the Department of Employment and Workplace Relations (DEWR). DEWR has indicated to the Inquiry that it is in the process of developing materials on flexible workplaces which will apply to employees with disability. DEWR intends to link their family friendly workplace material to the one-stop-information-shop to be launched in July 2006. [18]

6.7 Recommendation regarding flexible workplaces

While there was insufficient time to develop a comprehensive strategy, the group did agree that the flexibilities required by people with disability were not substantially different to those required by working parents, ageing employees and many others in the workplace. [19] There is therefore great merit in joining other representative groups in developing guidelines and campaigns to encourage the adoption of workplaces that can cater to the needs of different employees.

Interim Recommendation 19 has been amended to reflect the discussion as follows:

Recommendation 19: Flexible workplace

The Inquiry recommends the creation of an inter-sector coalition focussed on developing guidelines and strategies for promoting workplaces that can respond to the varying needs of different employees. The coalition might include groups representing people with disability, ageing workers, parents and carers as well as unions, employment services, employer peaks and relevant government agencies.

The Human Rights and Equal Opportunity Commission intends to continue working with the working group to ensure ongoing development of these ideas (see further Chapter 12).

Appendix 6A

Disability-friendly workplace flexibility ideas adapted from '20 cheap and easy family friendly ideas' [20]

1. Negotiate flexible start and finish times

2. Provide an emergency phone for employees to contact family members or carers

3. Allow staff to take annual leave in single days

4. Allow staff to use work mobile phones for emergency reasons

5. Allow staff to have a say in rostering arrangements

6. Allow leave without pay for personal reasons

7. Develop a home-based work or telework policy to accommodate staff who would like to work either a few days a week or full-time from home

8. Introduce make-up time so staff can make up hours if they need to attend medical or other appointments

9. Ensure people are taking adequate breaks

10. Ensure a safe working place for all employees, including written instructions and pictorial checklists for manual operations

11. Provide information on local contacts to help staff find disability support services or networks

12. Provide information on employment initiatives for people with disability (such as the Workplace Modifications Scheme) for both employees and managers

13. Introduce a 'keep in touch' plan for staff who are on extended leave or working away from the office

14. Have a staff induction programme which emphasises the importance of diversity in the workplace and the need to accommodate people of diverse backgrounds, including those with a disability

15. Consider social events which accommodate the diverse needs of staff, in order to create an inclusive environment

16. Consider the needs of people with disability in any relocations and movements

17. Consider using accessible and diverse forms of communication

18. Include a summary of your company's workplace flexibility, EEO or diversity policy in a letter of offer to new employees

19. Put equal employment opportunity and diversity issues on the agenda to discuss at the next round of negotiations for your workplace agreement

20. Check out other flexible work ideas by visiting the Family Friendly Agreement Clauses Database . [21]

 

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