Document ID: chunk:federal_register_of_legislation:C2022A00079:clause:1_65a:p2
Version: federal_register_of_legislation:C2022A00079
Segment Type: clause
Provision Reference: sch 1 cl 65A (pt 2/2)
Character Range: 196550–198011

including the nature and size of the enterprise carried on by the employer, are relevant to whether the employer has reasonable business grounds for refusing a request for the purposes of paragraph (3)(d) and subsection (4). For example, if the employer has only a small number of employees, there may be no capacity to change the working arrangements of other employees to accommodate the request (see paragraph (5)(b)).

Employer must explain grounds for refusal
 (6) If the employer refuses the request, the written response under subsection (1) must:
 (a) include details of the reasons for the refusal; and
 (b) without limiting paragraph (a) of this subsection:
 (i) set out the employer's particular business grounds for refusing the request; and
 (ii) explain how those grounds apply to the request; and
 (c) either:
 (i) set out the changes (other than the requested change) in the employee's working arrangements that would accommodate, to any extent, the circumstances mentioned in subsection (1) and that the employer would be willing to make; or
 (ii) state that there are no such changes; and
 (d) set out the effect of sections 65B and 65C.

Genuinely trying to reach an agreement
 (7) This section does not affect, and is not affected by, the meaning of the expression "genuinely trying to reach an agreement", or any variant of the expression, as used elsewhere in this Act.

Division 4—Civil remedies and dispute resolution

Fair Work Act 2009