My employer is not allowing staff to work from home. Can they do this and if not, what should I do?
There is not currently any government direction or GSLR Circular in place that mandates public sector employers to facilitate work from home arrangements for employees. The Australian Health Protection Principal Committee’s statement of 12 October 2021 supports all employees, including those at higher risk of becoming severely ill from COVID-19, to continue attending work with appropriate precautions in place where public health restrictions allow.
However, under clause 7 of GSLR Circular 6/2020, if an employee is considered a higher risk, employers are encouraged to work with employees to understand and appropriately mitigate any risks. This is based on medical advice, individual risk factors, and broader relevant circumstances, including the degree of community spread of COVID-19.
Some employees may wish to prepare a workplace COVID-19 action plan in consultation with their medical practitioner. Employers should support development of these plans, consistently with existing workforce risk management approaches, if an employee chooses to have one.
If you want to make an application to work from home, you should do so in line with your CSA Agreement as well as your working from home policy. This should be a written request to the Employer outlining your request to work from home.
If you have made an application to work from home and your employer has refused your application without reasonable grounds, you are encouraged to contact your CPSU/CSA Workplace Delegate in the first instance to support the escalation of your application.
