Veterinary work can be difficult to fit around family, caring responsibilities and life outside the clinic. Early starts, late finishes, weekends and unpredictable workloads don’t always fit neatly around school, childcare or other commitments.
But if you’re a veterinarian, veterinary nurse or other employee covered by the Animal Care and Veterinary Services Award 2020, what does the law actually say about flexible work?
The short answer is: some veterinary employees have a legal right to request flexible working arrangements — but not necessarily a right to have their request accepted.
Here’s what you need to know.
What counts as flexible work?
Under the Fair Work Act 2009, flexible working arrangements can include changes to:
- hours of work — such as different start or finish times
- patterns of work — such as changing which days you work or job sharing
- location of work — such as working from home, where the work can be performed remotely.
For someone working in veterinary practice, a request could potentially include:
- reducing your hours
- changing from five days to four
- changing your regular working days
- starting or finishing earlier
- avoiding particular shifts
- changing your working pattern
- job sharing.
Whether a particular arrangement is practical will depend on the role and the needs of the practice.
Who has a legal right to request flexible work?
Not every employee has the specific statutory right to request flexible work under the NES.
A full-time or part-time employee can make a request if they have worked for the same employer for at least 12 monthsand they:
- are the parent or carer of a child who is school-aged or younger
- are a carer
- have a disability
- are 55 or older
- are pregnant
- are experiencing family and domestic violence, or
- are providing care or support to an immediate family or household member experiencing family and domestic violence.
Casual employees can also have this right, provided they meet the relevant circumstance and have worked for the employer regularly and systematically for at least 12 months, with a reasonable expectation of continuing to do so.
A common veterinary example
A veterinarian who has worked at the same clinic for more than 12 months and has responsibility for a school-aged child could formally request to change from five days to three days, or change their start and finish times.
That doesn’t mean the clinic must agree to exactly what they have asked for. It does mean the request has to be dealt with according to the rules in the Fair Work Act.
Can I ask to work school hours?
Potentially, yes.
If you meet the eligibility requirements above, you can request changes to your hours or working pattern because you have responsibility for a school-aged or younger child.
For example, you might request:
“I would like to work Monday, Tuesday and Thursday from 9 am to 3 pm rather than my current roster.”
The request needs to be in writing, and it must explain both what change you are requesting and why.
There is no automatic legal entitlement to “school hours” specifically. The important distinction is that an eligible employee has a legal right to request an arrangement that helps them manage their circumstances.
Can a vet clinic refuse flexible work?
Yes — but there are rules.
An employer can only refuse a formal flexible work request on reasonable business grounds.
Before refusing, the employer must:
- discuss the request with the employee
- genuinely try to reach an agreement about alternative arrangements
- consider the consequences of refusing the request.
Reasonable business grounds can include things such as:
- the arrangement being too costly
- being unable to change other employees’ working arrangements
- it being impractical to change other employees’ arrangements or hire additional staff
- a significant loss of efficiency or productivity
- a significant negative impact on customer service.
The size and nature of the business can also be relevant.
For a veterinary clinic, genuine issues around clinical coverage, staffing and patient care may therefore be relevant.
But “we don’t offer flexible work” isn’t, by itself, the test.
How long does my employer have to respond?
Your employer must respond in writing within 21 days of receiving the request.
If they agree to different arrangements from those you originally requested, the agreed changes also need to be confirmed in writing within that 21-day period.
If the request is refused, the written response must explain:
- the reasons for the refusal
- the reasonable business grounds relied upon and how they apply to the request
- any alternative changes the employer is willing to make, or that there are none
- information about getting help from the Fair Work Commission.
What if my regular roster is changed?
This is a separate issue from you requesting flexible work.
The Animal Care and Veterinary Services Award contains its own consultation requirements where an employer proposes to change an employee’s regular roster or ordinary hours of work.
The employer must consult affected employees and invite them to give their views about the impact of the proposed change — including any impact on their family or caring responsibilities. The employer must then consider those views.
So if your clinic wants to substantially change your regular roster, don’t assume the only question is whether you can accommodate the new hours.
The Award’s consultation requirements may also apply.
Does the Veterinary Award guarantee part-time work?
No — but it does recognise part-time employment as a normal employment category.
Under the Animal Care and Veterinary Services Award, employees can be full-time, part-time or casual. A part-time employee is someone engaged to work fewer than 38 ordinary hours on a regular basis, and part-time employees receive equivalent pay and conditions to full-time employees on a pro-rata basis.
The Award itself does not give every full-time employee an automatic right to convert to part-time work whenever they choose.
However, an eligible employee may be able to request a reduction in hours as a flexible working arrangement under the NES.
What does the Veterinary Award say about flexible work?
Interestingly, the Animal Care and Veterinary Services Award doesn’t create a separate flexible-work entitlement.
Clause 6 specifically states that requests for flexible working arrangements are dealt with under the National Employment Standards. It also provides that disputes can be dealt with under the Award’s dispute-resolution procedure and/or section 65B of the Fair Work Act.
So for veterinary professionals, the key rules are found in the Fair Work Act’s NES, alongside the Award’s separate rules about employment types, hours and rosters.
What if my request is refused?
If you and your employer can’t resolve a dispute about a flexible work request, you can apply to the Fair Work Commission.
The Commission can deal with disputes where an employer refuses a request or doesn’t respond within 21 days. It will generally try conciliation or mediation first, but it can arbitrate the dispute and make binding orders if the matter isn’t resolved.
The important distinction
Flexible work rights are often misunderstood.
You don’t necessarily have a right to work the days or hours you want.
But, if you meet the eligibility requirements, you may have a legal right to ask for changes to your hours, pattern or location of work — and your employer has legal obligations about how they deal with that request.
For veterinary professionals, that can be particularly important when trying to make clinical work fit around children, caring responsibilities, pregnancy, disability or other circumstances recognised by the Fair Work Act.
Know your rights before assuming you have to choose between veterinary work and the life you want outside the clinic.
This article is general information only and is not legal advice. It is based on the Fair Work Act 2009 (Cth), Fair Work Ombudsman guidance and the current Animal Care and Veterinary Services Award 2020. Workplace rights can depend on your individual circumstances and the industrial instrument that applies to your employment. Always check the current legislation and award before relying on an entitlement.
Disclaimer: Vets Unlimited provides general information based on personal interpretation only and is not a legal or employment advice service. Employment conditions can vary depending on the relevant award, contract and individual circumstances. Laws and awards can change, so always check the current information with Fair Work Ombudsman or seek independent professional advice.