DCJ Flexible Work Policy

The PSA is aware that Department of Communities and Justice (DCJ) distributed communication to their staff that they had “introduced a new policy and procedure” regarding Flexible Work (Workplace Presence) taking effect from 31 March 2025.  Whilst they have confirmed that staff are not required to work in accordance with the policy until 1 July 2025, the implementation date of the 31 March 2025 does not allow DCJ time to sufficiently consult with their staff around this policy.  It also does not allow time for adequate consideration and response to issues the PSA has already raised with the policy.

You can view the policy here, and the Procedures here.

PSA secures significant change to initial policy

While there are still a number of unresolved issues with the policy, there are some key changes to the original draft policy distributed by the PSA to our members in December 2024.

Definition of principally in the workplace

In contrast to the original policy, which did not define an acceptable benchmark, the policy defines what working principally in the office means. In DCJ, Principally’ means that at least 50 per cent of your work time is spent at your approved office, workplace, or related work sites, over a period of one month. At least some of that time is to be on a Monday or Friday.

DCJ confirms in the policy that “Only staff not meeting this requirement are required to seek approval.  This essentially creates a benchmark, enshrined in policy, of the ability to work from home 50 per cent of the time, over the period of a month, without the need for approval.  This is a significant change from the original policy, which left the definition and decision on flexibility up to an individual manager.

A number of matters remain unresolved

There are several matters the PSA has raised that require further consultation.  These include:

• A response to the PSA position that there should be exemptions for agile arrangements, such as the Child Protection Helpline, Remote Service Delivery Team and the Maintenance Response Centre/Housing Contact Centre.
• 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, rec 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 the majority of DCJ meetings are on Teams.
• The policy should allow DCJ to honour arrangements that were approved in writing and are already in place.
• 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 notifies 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.  Whilst in dispute, normal work is to continue, and we will keep members updated with developments.

Workplace Adjustments

Despite confirmation in the policy that there should be no changes for employees who have workplace adjustments in place which include the need for working from home for people with a disability or caring responsibilities, the PSA already has examples of members who are having their workplace adjustment requests treated as a Flexible Work request under the DCJ Flexible Work Policy.  These issues occur when there has been a lack of consultation with management and staff around the difference between a Workplace Adjustment (which is a legal requirement) and a Flexible Working request. Where a work from home arrangement is in place as a workplace adjustment, employees do not need to re-apply under this policy.  If you have an example of the above happening, please contact the PSA.