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NSW Premier Chris Minns’ Workplace Presence policy is facing further pushback, this time from public sector workers covering LawAccess, jury enquiries, and domestic violence support in Australia’s most populous state.
Editor’s note: This story first appeared on Lawyers Weekly’s sister brand, HR Leader.
Back in August, NSW Premier Chris Minns announced a directive to all public servants in the state that they will be returning to the office, forcing the various departments under the state government’s umbrella to adapt to the new changes.
This was quickly met with backlash from workers spread across these departments, with many employees turning to their unions to assist with pushing back against the directive to include parameters that allow for flexible work to continue under certain circumstances.
Just recently, the Public Service Association (PSA), which currently represents several NSW public sector workers, conducted a survey with Transport NSW (TfNSW) workers regarding concerns around the directive, after TfNSW agreed to a consultation with the union.
As previously reported by HR Leader, one of the major issues raised by workers within the TfNSW was that many offices in their current state didn’t have the facilities or equipment to accommodate workers who were returning.
According to the spokesperson, members have relayed that they’ve been forced to sit “on the floor” when they come into the office, as there is “no desk for them”. Others were forced to leave the office and work from a nearby coffee shop.
A TfNSW spokesperson refuted these claims: “We did not receive feedback from our people during the Workplace Presence consultation period that suggested any employee of ours has had to sit on the floor to do their work.”
PSA has now reported that the NSW Department of Communities and Justice (DCJ) has been undergoing a similar consultation process; however, in this situation, the union claims that the NSW department has skipped over raised concerns by workers.
The PSA said the NSW DCJ distributed communication to their staff that they had “introduced a new policy and procedure”, stating that the Workplace Presence policy would be taking effect from 31 March 2025, despite a number of matters remaining unresolved.
According to the PSA, workers still haven’t received clarification from the department on the following concerns raised:
The need for recognition in the policy that people with family responsibilities, significant commute times (regardless of whether the employee is regional or metro), and injury or illness would be reasons for the approval of an Individual Flexible Work Arrangement under the policy. This needs to be included as guidance for managers making decisions around these requests.
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. A sick day on an office day does not require a working-from-home day to be changed to an office day. Managers should simply manage sick leave and absences in line with policies and Award requirements.
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, given that most NSW DCJ meetings are on Teams.
A communication and implementation plan with details on consultation they will be having with managers who will be required to implement the policy and staff who are expected to abide by the policy.
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”.
PSA said it has notified the NSW DCJ of a dispute: “As the PSA does not believe we have received adequate responses to these issues, the PSA has notified DCJ of a dispute.
“DCJ and the PSA are required to meet to attempt to resolve the dispute, and a meeting is being scheduled in line with the Dispute Settling Procedures under your Award. While in dispute, normal work is to continue, and we will keep members updated with developments.”
In a statement to HR Leader, a NSW DCJ spokesperson confirmed the introduction of “a new policy and procedure” in alignment with Minns’ directive.
“The Department of Communities and Justice has introduced a new policy and procedure in alignment with the NSW Government Sector Workplace Presence Circular. The circular specified that employees are required to work primarily from an approved office, workplace, or associated worksite.”
“DCJ’s policy has been developed in close consultation with staff and other relevant stakeholders. Any form of leave taken on a scheduled office day does not require a ‘make up’ office day at a later date.”
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Kace O'Neill
