Major Transport Disruption – What are my rights?

February 22, 2022 Bulletins - Community Corrections - Corrective Service Managers - Corrective Services - COVB - Crown Solicitor's Office - Industrial Relations Commission - Judicial Commission of NSW - Justice - Legal Aid NSW - Non Custodial - NSW Crime Commission - NSW Sheriff's Office - NSW Trustee and Guardian - Office of the Director of Public Prosecutions - POVB - Veterans Affairs - Youth Justice

Following the decision by the NSW Government to shut down the rail network yesterday, many members may be wondering what happens if you are unable to get to work, or are significantly delayed, because of major transport disruptions?

Under the Crown Employees (Public Service Conditions of Employment) Reviewed Award 2009, an employee prevented from attending work at a normal location by a natural emergency or by a major transport disruption may:

Apply to vary the working hours (i.e attend work late and make up the time)
Negotiate an alternative working location within the Department (i.e working from home) or
Take available family and community service leave and/or flex leave, recreation or extended leave or leave without pay to cover the period concerned

If you are unable to vary your working hours, or are in a role in which you cannot work from home, you should seek to use your available FACS leave balance, or Flex leave if available, in the first instance. FACS leave accumulates at 2.5 days per year for each of the first two years of employment, and 1 day per year thereafter.

These conditions are contained within your Union negotiated Award. If you are being pressured to submit any other form of leave when you have an available FACS leave balance, please contact the PSA for assistance.

Public Sector Wages Policy

The industrial unrest that currently exists in NSW is a result of the NSW Government’s Public Sector Wages Policy, combined with relentless efficiency dividends and downsizing, combined with the enormous stress placed on workers over the COVID pandemic. The 2.5 per cent wages cap, in addition to the 0.3 per cent wage freeze in 2020, is not only a restriction on your wages growing, but also reduces NSW consumer spending, NSW economic growth, undermines Government revenues, suppresses public sector productivity, and contributes to broader wage stagnation. The Perrottet Government needs to release the handbrake on Public Sector Wages and scrap this destructive policy once and for all

Not yet a member

With widespread industrial unrest, there has never been a better time to encourage a non-member to join your Union. Speak to a colleague about joining the PSA at www.psa.asn.au today.

Member Support Centre – 1300 772 679