Public Sector Reform 2025 - Transfers and AWA
1. Will I be required to work at a different location?
The Public Sector Reform process involves two stages. Stage 1 is a consultation, planning and assessment phase and no transfers or departmental changes should be enacted before this phase is complete. The union will be ensuring that there is thorough workforce planning process and procedure in place prior to the commencement of Stage 2 to provide adequate guardrails for all aspects of any transfers that take place, including those that are proposing or require a change to the physical work location of the team and/or roles affected.
Under the Public Sector Management Act 1994 (“Act”), an Employer can transfer or deploy Employees, but there are rules and requirements such as the Public Sector Management (Redeployment and Redundancy) Regulations 2014 (‘Regs’) and/ or by Commissioners Instruction Number 2 – Filing a Public Sector Vacancy. The Union will be ensuring departments and agencies meet all of their obligations and requirements under these instruments and any other procedures agreed throughout the Reform process.
At this stage, what is clear, is that the consultation provisions in your Public Sector CSA Agreement 2024 (‘PSCSA’) must be adhered to as a minimum. Information on the consultative procedures and requirements are being provided to delegates to best support you during this time and your union staff and delegates are embedded within decision making and planning bodies to ensure this Reform progresses as smoothly as possible for members and all public sector employees.
When Stage 2 commences, if your employer indicates that you may be required to work at a different work location, the Employer needs to engage with you about this. Under your PSCSAA24, there are great new provisions about flexible working arrangements (Clause 23) that may ease the burden of a physical transfer. These flexible working arrangements can include changes to work location, the ability to work from home and a reduction in hours or span of hours.
The Union has a range of members-only guides and resources to help you make the most of the flexible working arrangement provisions outlined in your Agreement. We strongly recommend members download the FAQs and understand their rights and entitlements before Stage 2 commences so you are well prepared for any potential change ahead.
Flexible Working Arrangement resources can be found here.
2. Will my flexible working arrangements (such as working from home) be affected if I move to a different department?
Access to flexible working arrangements (FWA) are provided for in the PSCSAA24 (Clause 23). Members may be required to submit new flexible working arrangement requests if they are transferred or moved into other teams or departments. However, your existing arrangements should not be affected by Stage 1, and may only be subject to review once Stage 2 changes have come into effect (See: FAQ 'When does the reform happen?').
Once the Stage 2 changes have been enacted, members can either review their pre-existing FWA with their ‘new’ employer, renew their request based on any changes in circumstances or seek to have their pre-existing FWA maintained. Members can seek advice and assistance from the Union before submitting a new request.
There are limited circumstances in which the Employer can deny your flexible working arrangement. They are:
(a) the arrangement sought would be too costly for the Employer;
(b) it is not possible or would be impractical to change the working arrangements of other Employees, or recruit new Employees, to accommodate the arrangement sought;
(c) the arrangement sought would result in a significant loss of efficiency or productivity or have a significant negative impact on customer service.
If the Employer denies your flexible working arrangement request, they must respond within 21 days in writing and meet with you to genuinely consider alternative arrangements.
If you continue to disagree with the reasons provided, you can initiate a dispute. Only members who meet the CPSU/CSA Membership Qualification Period can receive representation on disputes.
Find out more - FAQs
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