Many of you would know the TfNSW COVID Safe Measures Policy is coming into effect from 6 December 2021.

The PSA wants to remind members to have their vaccination declarations in by 11:59 pm 5 December 2021.

You need to make the declaration even if you are not vaccinated.

TfNSW has said to the PSA a failure to make a declaration will be considered a failure to comply with the policy. Further, you will be provided a written direction not to attend work and be notified that you will be able to utilise your leave; if you do not, you will be placed on unauthorised leave.

If you are a member who has applied for an exemption, we are advised the following will occur from Monday, 6 December 2021:

1. If there is no determination on your exemption, your Manager and P&C Business Partner will be advised and will work with your Manager to confirm the available controls to allow you to continue working. Whether you will be able to continue working will depend on the role.  If you cannot attend, you will not have to use your leave but will be paid master roster/salary. This will occur until the exemption process is known.
2. If the exemption is approved, your Manager and P&C Business Partner will be advised. The Safety Partner will confirm available controls that could be utilised depending on the work performed for the duration of the approved exemption. Whether you will be able to continue working will depend on the role. If you cannot attend, you will not have to use your leave but will be paid master roster/salary. Circumstances will be reassessed in 6 months.
3. If the exemption is not granted, you will be advised, as will your Manager and the P&C Business Partner. You will also be provided with a written direction to comply. TfNSW’s view is until you comply, they view you are unable to fulfil your contract of employment as such they will not pay you but if you wish to utilise your leave you may. If you do not use leave, TFNSW will place you leave without pay. On 7 February 2022, the circumstances will be reassessed.
   The PSA continues to express concern to TfNSW as to whether they can actually force employees who seek an exemption onto leave without pay until February 2022.  Particularly for those employees who work from home and there will be no requirement to attend the office until at least February 2022.  Despite raising issues about the legality of this direction, TfNSW has continued to assert they are within their rights.
4. If you are a probationary employee and the exemption is not granted, then you will be issued with a direction to comply; failure to do so may result in termination prior to 7 February 2021.

If you are on leave, you will need to provide evidence of your vaccination status on your return from leave/before commencing work.

If you want to know more about TfNSW policy and the consultation process read our previous bulletin here.

If members have any questions or require the support of the PSA, please contact 1300 772 679.