Union dispute with DCJ over WFH

The NSW public service union is in dispute with the Department of Communities and Justice over its new flexible work policy.

Under the new policy, DCJ staff are required to spend at least 50 per cent of their work time at an approved office every month.

Whilst staff are not required to abide by the policy until 1 July, it came into effect as of 31 March. “The implementation date of the 31 March 2025 does not allow DCJ to sufficiently consult with their staff around this policy,” says the Public Service Association of NSW. “It also does not allow for an adequate consideration and response to issues PSA has already raised with the policy.”

Some of the unresolved issues include:

  • the need for recognition in the policy that people with family responsibilities, significant commute times and injury or illness would be reasons for the approval of an individual flexible work arrangement under the policy
  • the need for an explicit section stating that considerations such as leave (sick, recreation and flex) do not require any “making up” of office time
  • the need for DCJ to conduct an audit or risk assessment process around the current workplace accommodations including IT infrastructure to support greater office presence
  • the policy should allow DCJ to honour arrangements that were approved in writing and are already in place.
  • clarification around border towns and interstate working arrangements
  • As the policy states “Remote working is not generally available to frontline staff”, clarification is needed as to what constitutes “frontline staff”.

“As the PSA does not believe we have received adequate responses to these issues, the PSA has notified DCJ of a dispute.”  A meeting is now being scheduled with the two organisations in an attempt to resolve the dispute.

Flexible work arrangements have been an ongoing issue for the PSA ever since NSW Premier Chris Minns released an edict last year requiring public servants to “work principally in an approved office, workplace or related work site … and to spread attendance across all days of the working week”.

On some occasions, NSW government sector work can productively be done from home, said the premier’s circular. “However, that is not available to all government sector employees in all circumstances and the opportunity to work from home should not be taken for granted or considered unlimited.” 

WFH is also a hot topic at a federal level following opposition leader Peter Dutton’s call to curb work from home options for public servants. In response, Prime Minister Anthony Albanese said he supported, where appropriate, government sector employees working from home. There are many benefits, said the PM – especially for women.

“We know that working from home has had a range of advantages,’’ Albanese said. “It has meant, for working families, where both parents are working, they’re able to deal with those issues of working from home – it’s enabled them to work full-time and it has increased workforce participation, particularly for women.”  

It’s a stance shared by the Community and Public Sector Union. Hybrid working arrangements “are positive and productive”, CPSU national secretary Melissa Donnelly said. And it’s not just women who benefit from working from home, she added. “Flexibility has opened the doors of employment to people who have otherwise been shut out, including people with disability and people from regional and rural Australia.”

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