I just want to be certain. We are talking about the right for the employer to refuse a request for flexible work arrangements? Yes.
It's proposed that there would be three reasons for which an employer could turn down a request for flexible work arrangements. The first is if it would cause additional costs that are burdensome for the employer or have a detrimental impact on the business. The second is if there would be insufficient work available for the employee as a result of the change in working arrangements. The third is if the work cannot be reorganized or replacements recruited. As you note, there is provision for regulatory authorities.
The model that was used for the right to request is very much informed by practice in New Zealand and the United Kingdom, which introduced a right to request several years ago. These provisions mirror very closely those that are in the United Kingdom. There is ample evidence that suggests they have been quite successful. Guidance is provided by labour inspectors about how these criteria should be interpreted.
I think it's also important to note that during the consultations that we held, we regularly heard concern from employers—small and medium-sized businesses, for instance—about what these criteria should be. There was an agreement amongst almost all stakeholders that there needed to be a formality around the process. There needed to be a way for employers to reject a request for flexible work arrangements.
The reason why the regulation-making authority is there is that, if we get it wrong, it will allow us to make adjustments, depending on the experience that evolves once the changes take effect.