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Last updated
28/04/2025

Policy statement

Implementation date
28/04/2025
Reference number
PD-2024-0483-09-V01.0.0
Publicly available
Yes
Policy cluster
People

Flexible work

Direction and guidance on flexible work for education support staff.

Audience

All staff in education support staff roles, including:

  • government sector employment (GSE) non-executive clerk grade staff
  • public service senior executives (PSSE)
  • non-school-based teaching service (NSBTS) employees, working under administrative arrangements (the flexible working hours agreement)
  • contractors in education support staff roles, including labour hire contractors with agreement from their employer.

Version Date Description of changes Approved by

V01.0.0

28/04/2025

New policy document consolidating existing instructions and updated information in line with Premier’s Department C2024-03 NSW Government Sector workplace presence circular.

Chief People Officer

About the policy

These standards relate to the Employee benefits and entitlements policy.

They establish guidelines for implementing flexible work arrangements that are fair, transparent and comply with:

Term Definition

Alternative department workplace

A department workplace that a staff member is approved to work from under a flexible work arrangement, that is not their headquarters.

Border towns

As defined by the Cross-Border Commissioner:

Australian Capital Territory; Shire of Bulloo QLD; Shire of Paroo QLD; Shire of Balonne QLD; Goondiwindi QLD; Southern Downs Region QLD; Scenic Rim Region QLD; Gold Coast City QLD; Rural City of Mildura VIC; Rural City of Swan Hill VIC; Gannawarra Shire VIC; Loddon Shire VIC; Campaspe Shire VIC; City of Greater Shepparton VIC; Moira Shire VIC; Rural City of Benalla VIC, Rural City of Wangaratta VIC; Indigo Shire VIC; Wodonga City Council VIC; Alpine Shire VIC; Towong Shire VIC; East Gippsland Shire VIC.

Department workplace

 Any department education support staff office or other department location listed in the department Office catalogue (staff only)

Flexibility

A set of formal and informal working practices and arrangements – including how, when and where work is conducted – under which all staff can be empowered to optimise their productivity, engagement, efficiency, connectivity, career success and wellbeing. Under all arrangements, work should take place in an approved workplace but there can be exceptions, either on a regular or ad hoc basis.

Flexible work arrangements

An approved, staff-initiated variation to work schedules or location that provides the staff member with flexibility in how, when and where they work.

Headquarters

The role’s location that the staff member is appointed to on their letter of offer and/or in the department’s payroll systems.

Private travel

Travel between a staff member’s residence and their headquarters, and/or alternative department workplace under a flexible work arrangement, which is funded by the staff member.

Remote work

When a staff member works from an approved non-work-related location (for example, home, a library, café or privately run shared office space).

All staff:

  • understand the requirements of this policy document, including any changes to the terms and conditions of employment
  • discuss flexible working options (refer to Flexible work options (staff only)) with their manager and apply for any desired flexible working arrangements through the application process
  • ensure they conduct their work as per their agreed flexible working arrangement
  • record their working hours on a flex sheet (refer to Flexible working hours agreement (staff only) >Flex sheets)
  • complete a Flexible Work Arrangement Form (staff only) regardless of the proportion or frequency of working from a department workplace.

All people managers also:

  • champion all forms of flexible working options by role-modelling and being accountable for implementing workplace flexibility, including supporting staff to address any concerns
  • work with their teams to determine headquarters attendance requirements based on operational needs, such as team days or face-to-face training, encouraging a spread of attendance across the working week
  • ensure ongoing conversations with direct reports include flexible working arrangements, and that these arrangements are documented in a Flexible Work Arrangement Form (staff only) and reviewed regularly (at least every 12 months)
  • seek approval from the relevant senior executive for any remote working agreement that is beyond their delegation to approve (refer to Table 2 Approval delegations for remote work arrangements)
  • ensure appropriate use of the Travel on official business procedure (staff only).

Senior executives also:

  • review applications for flexible work arrangements that were denied by a people manager reporting to them, when requested by the staff member who made the application
  • approve remote working agreements for indirect reports where required by delegations (refer to Table 2 Approval delegations for remote work arrangements)
  • ensure workplace attendance of staff in their entire team/directorate/division is spread throughout the week and work with other senior executives across the department to encourage this spread department-wide, where required.

Standards

This policy document outlines the principles for implementing flexible working arrangements, ensuring they are equitable, transparent and aligned with the department’s obligations under work health and safety legislation, gender equality principles and the Workplace Gender Equality Act 2012 (Cth).

Flexible working arrangements do not replace or change industrial award conditions and/or legislation.

This policy document supports the provisions of the department’s Flexible working hours agreement 2022 (staff only).

Flexible work arrangements may be an appropriate tool to support staff members requiring a workplace adjustment, as defined in the Workplace adjustments procedure. In these cases, managers should review their obligations and the best way to support staff when either entering into or reviewing a flexible work arrangement. Workplace adjustments are not covered by this policy document, and this policy document does not override the department’s Workplace adjustments procedure. For more information, refer to the Public Service Commission’s Inclusive workplaces.

1. The department is committed to flexible working

The department’s teams take great pride in working to improve the opportunities and experiences of NSW learners across the education system, and in creating a great public service. To support those outcomes, the department encourages staff to consider taking advantage of the flexible work options available to them. Flexible work can lead to increased job satisfaction, reduced stress and improved overall productivity by allowing staff to tailor their work environment to their personal needs and preferences, where possible.

The department is committed to ensuring that all roles can be flexible on an ‘if not, why not’ basis. This approach has been part of the department’s culture for many years and helps achieve its purpose.

Flexibility is defined as a set of formal and informal working practices and arrangements – including how, when and where work is conducted – under which all staff can be empowered to optimise their productivity, engagement, efficiency, connectivity, career success and wellbeing. Under all arrangements, work should take place in an approved department workplace, but there can be exceptions, either on a regular or ad hoc basis.

Flexible working arrangements are available to all employees at all levels and enable us to attract and retain a diverse workforce, increase productivity, better meet community and/or organisational needs and be more adaptable to change.

Flexible working arrangements also play an important role in supporting an institution that is diverse and inclusive. The department welcomes employees with disabilities, carers responsibilities, community responsibilities, and those who value working on Country to build culture, community and connections.

This policy document acknowledges that presence in the physical workplace plays an essential role for employees and managers. Arrangements to work from home must take into consideration the wider needs of the department, the teams, the individuals, the community and stakeholders, noting that employees should work principally in an approved workplace or related work site, as referenced in the Premier’s Department Circular C2024-03 NSW Government Sector workplace presence.

2. Flexible working principles and arrangements

2.1. Principles of flexible working

The department’s flexible working commitment is underpinned by 8 principles (Table 1). These allow flexible working to be adapted to different situations, staff and teams.

Table 1 Principles of flexible working
Principle Description

If not, why not

All staff have a right to request flexible working arrangements that are appropriate for their roles. Flexible working arrangements may be piloted, changed and/or ceased at any time with consultation, for a number of reasons, including business and operational needs and wider government directives.

Leadership

Leaders should actively support the benefits of flexible working and support their teams in adopting flexible practices.

Trust

Flexible work practices rely on a high level of trust and accountability within the team. Managers and teams should work together to make any flexible working arrangements successful.

Working flexibly is not a barrier to mobility and career progression. Performance is assessed based on the capability framework and work outputs.

A team-based approach

Flexible work arrangements are considered in the context of the needs and interests of the individual, their team members and the department.

Mutually beneficial

Flexibility must create mutually beneficial outcomes, maintain or improve service delivery for the department’s customers and the people of NSW, and not unreasonably increase the department’s costs.

Context matters

Different types of flexibility will suit different individuals, roles, teams and business areas’ requirements. Not all types of flexibility will be available for every role, nor will all types of flexibility necessarily be available to a single role all the time.

Social connection

All staff are responsible for staying connected with their team and creating a sense of belonging for all team members.

Workplace presence

The department recognises the benefits of in-person workplace presence, which strengthens connections and collaboration and builds working relationships within teams and across the department. By default, staff are expected to work principally in a department workplace.

2.2. Flexible working arrangements

The department offers a range of flexible working options to education support staff, as outlined below.

These include:

  • flexible working hours
  • part-time work
  • job-share
  • alternative department workplaces
  • remote work including working from home
  • career break
  • purchased leave
  • role adjustments
  • study leave and study time
  • transition to retirement
  • compressed hours (public service senior executive only).

Managers (clerk 11/12 and above):

  • can approve flexible work arrangements for up to 12 months at a time (although these may be reviewed and changed before then, with consultation)
  • must review arrangements at least every 12 months, and this should ideally be done in line with the performance and development planning cycle
  • must ensure that all arrangements that are not ad hoc (refer to section 3.2 Working from outside the headquarters location) are formalised in a Flexible Work Arrangement Form (staff only). Personal and health information should not be provided in the form, and will only be required as reasonable to the circumstances
  • must review flexible work arrangements, and may have to negotiate a new arrangement, when a staff member takes on a new role (whether that be a permanent or temporary role, or a higher-duties arrangement).

Staff applying for new roles are encouraged to discuss any desired arrangements with the hiring manager.

In most cases, a staff member’s manager (clerk 11/12 or above) can approve their flexible work arrangement. However, in certain circumstances where remote work is requested, a more senior staff member must approve, as per the delegations outlined in Table 2.

Staff living in border towns of NSW (as defined by the Office of the Cross Border Commissioner) are considered as though they live within NSW when requesting approval for remote work arrangements.

Table 2 Approval delegations for remote work arrangements
Remote work arrangements Approver

Working remotely for less than 50% of the staff member’s workdays

Manager (clerk 11/12 or above)

Working remotely for 50 to 60% of the staff member’s workdays

Director

Working remotely for more than 60% and up to 80% of the staff member’s workdays

Executive Director

Working remotely for more than 80% of the staff member’s workdays

Deputy Secretary

Working from an interstate location (temporary – less than 12 months)

Deputy Secretary

Working from an interstate location (ongoing or for more than 12 months) or an international location

Secretary

Reviewing a denied request

Approvers who deny a request to work flexibly must provide the staff member with clear and justifiable reasons. If the staff member is not satisfied with the reasoning, they can request their approver’s manager to review the decision. This decision will be final.

3. Workplace presence

The default arrangement for workplace presence is to work principally in an approved workplace, or approved related work site. All flexible working arrangements should start from this position, noting that the goal in every workplace is to achieve an even spread across the working week and fully use the available accommodation.

Workplace presence supports employee wellbeing, improved connection and collaboration. It also drives a sense of belonging, helps to foster a sense of teamwork and forges connections across teams. In this way, workplace presence promotes the strength and unity of the public service as an institution.

Premier’s Department circular C2024-03 NSW Government Sector workplace presence does not strictly prescribe patterns of attendance and allows for variations according to the needs of employees balanced with the needs of the organisation, the team and stakeholders.

The department is committed to ensuring that all employees, regardless of their work location, have access to a safe and healthy work environment. This includes providing the necessary support for safe remote work and addressing any potential risks through flexible work arrangements.

Employee obligations include:

  • maintaining a safe work area
  • protecting confidential and private information in their possession
  • ensuring primary care responsibilities are managed and consistent with work requirements and demands.

By formalising these arrangements, the department can better mitigate the risks, ensuring employees remain connected and supported.

3.1. Costs for travel to a workplace

All travel between the staff member’s residence and their role’s headquarters, and/or an alternative department workplace in a staff member’s flexible work arrangement, is private travel that the staff member must fund. Refer to Travel on official business procedure (staff only) for more information.

3.2 Working from outside the headquarters location

It is expected that staff will work principally at their role’s headquarters, but they may work from an alternative department workplace with their manager’s (clerk 11/12 or above) approval. A role’s headquarters’ locations must not be changed to support a flexible work arrangement.

Staff in roles that need to be in a specific geographical location may be required to work only from their role’s headquarters or a specific alternative department workplace within the relevant region.

    All staff are expected to spend some time in a department workplace. If staff wish to work remotely from home (refer to Remote work including working from home [staff only]) or another non-work-related location for any period of time, the location must comply with work health and safety requirements.

    For ongoing remote work requests, staff must have an approved Flexible Work Arrangement Form (staff only) in place.

    For ad hoc (or short-term) arrangements, a Flexible Work Arrangement form is not required. Staff must have a conversation with their manager and receive written approval (such as via email) before engaging in this remote work.

    Exemptions for temporary remote and interstate work

    In exceptional circumstances, a Deputy Secretary may approve an exemption allowing a staff member to work temporarily for up to 12 months from an interstate location (for example, this may be required for the safety of some staff experiencing ongoing domestic and/or family violence). This would form part of their flexible work arrangement and must be reviewed after a maximum of 12 months.

    Exemptions for ongoing remote and interstate work

    In some circumstances, where a role is difficult to recruit to within NSW, the Secretary may grant an exemption to allow a candidate to be appointed to work from outside NSW. These hard-to-fill roles are defined when 2 external recruitment actions within 6 months have failed to identify a suitable candidate. The Secretary must approve the role to be advertised and extended to candidates outside NSW.

    Staff living outside NSW in hard-to-fill roles must attend their role’s headquarters location when required by their manager, for example for key meetings or team days. Special considerations may apply to the frequency of working from a department workplace. However, travel between the staff member’s residence and their role’s headquarters and/or alternative department workplace is private travel and must be funded by the staff member.

    Exemptions for international work

    All requests to work from an international location must be approved:

    Record-keeping requirements

    The department keeps centralised records of flexible work arrangements and reports on flexible work arrangements to the Chief People Officer as required.

    Flexible work applications, arrangements, approvals and denials: under GA28 Administrative records (refer to Personnel 15.2.1), records relating to applications, approvals and authorisations, including refused applications must be kept for a minimum of 7 years after the action is completed or the approval expires, then the records may be destroyed.

    Leave requests: under GA28 Administrative records (refer to Personnel 15.7.3), records including leave requests and applications, and associated supporting documentation must be kept for a minimum of 7 years after the action is completed, then the records may be destroyed.

    Mandatory tools and templates

    Supporting tools, resources and related information

    Policy contact

    EDConnect Human Resources
    Log an online ticket.

    The Executive Director, Employee Relations, monitors the implementation of this policy, regularly reviews the contents to ensure relevance and accuracy, and updates it as needed.

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