Circular 2020/9: Returning to Usual Workplaces

Purpose

1. The purpose of this Circular is to provide advice to agencies about managing the impacts of COVID-19 and to support agency efforts to return employees to their usual (pre-COVID) workplaces. The following advice applies to all Commonwealth agencies and their employees including ongoing, non‑ongoing and casual employees.
2. The focus of agencies and employees should be the continued delivery of services to the Australian public, as well as ensuring workplaces are COVID-safe.
3. Agency heads will need to continue to respond to the emergence of new COVID-19 variants and continue to act on government, public health and other relevant advice, and make timely decisions to ensure business continuity and a safe transition back to the workplace as appropriate.
4. Given that many agencies have a geographically dispersed operating environment, a COVID-safe return to the workplace may vary within an agency, depending on the workplace location. Agency heads should make arrangements to facilitate employees returning to their usual workplaces when circumstances permit.
5. A single approach for the APS is not practicable given the diversity of working environments. Each agency’s approach will be different and tailored to their particular circumstances. Agency heads remain responsible for making working from home decisions in their agencies.

COVID-safe workplaces

6. Agency heads remain responsible for making COVID-related decisions affecting their workplaces based on relevant government, public health and other relevant advice, as well as ensuring that workplaces are COVID-safe, while ensuring business continuity.
7. Given the emergence of new COVID variants, agencies should remain flexible in responding and adapting to changes in such advice.
8. A COVID-safe return to usual workplaces should consider individual circumstances and the epidemiological environment and include a risk assessment with appropriate controls in place.
9. For operational reasons some employees will need to attend their usual workplace. For others, working from home may be a suitable option. The ability for employees to work from home will depend on the types of advice and work they need to undertake. Arrangements could be for cohorts of employees, or on a case-by-case basis.
10. In principle, agency heads should seek to return employees to their usual place of work, as soon as it is safe to do so.
11. Returning employees to usual workplaces must be in line with government policy and public health advice issued by the Australian Government and state and territory governments, including physical distancing requirements and the National COVID-19 Safe Workplaces Principles.
12. Agencies should assess their workplaces to ensure they are COVID-safe and can accommodate the return of employees to the workplace. Considerations include:
    1. a systematic risk assessment of work health and safety risks in accordance with advice published by Safe Work Australia;
    2. adhering to physical distancing principles, with particular consideration given to common areas such as kitchens and break out spaces;
    3. maximum occupancy capacity of enclosed spaces, such as offices and meeting rooms;
    4. ensuring interactions between employees while working and on breaks are managed in a COVID-safe way;
    5. modifying workplace attendance arrangements where the agency cannot maintain physical distancing in the workplace, or where public transport risk mitigation measures affect travel. For example, rostering employees to work from the office or home on different days or alternating weeks, or facilitating more flexible start and finish times;
    6. connectivity and employee wellbeing;
    7. guidance and support to assist employees in the transition to their usual workplace; and
    8. ongoing workplace health and safety implications and obligations both in the workplace and when working from home.
13. Agencies should engage with employees and, where they choose, their representatives to identify and control risks; adapt and promote safe work practices; actively control against the transmission of COVID‑19 in the workplace; and, respond to any cases of COVID-19 in the workplace.
14. Agencies should support the COVID-safe return to usual workplaces with a communication strategy that clearly outlines what this means for employees and how it will be implemented, and include information about contingencies should there be changes in the epidemiological environment.
15. Agencies should be flexible in responding and adapting to changes in advice from the Australian Government and state and territory governments.
16. This Circular does not limit or restrict existing agency head powers to facilitate flexible working arrangements.

Supporting employees working from home due to COVID-19 outbreaks

17. Agency heads remain responsible for making working from home decisions in their agencies. Actions should be based on a formal risk management process.
18. Where there is a localised outbreak, agency heads should facilitate employees in the location of the outbreak working from home, where it is appropriate and practicable to do so.
19. Agency heads must ensure operational requirements are met and services continue to be delivered in a COVID-safe manner.
20. Where employees are working from home due to a localised outbreak, agencies should put in place arrangements to support employees who are working from home. These may include regular check-in arrangements, teleconferences, and other mechanisms to maintain regular communication between employees and their managers.
21. Where employees are unable to access supervision for their children, in the first instance, agencies should facilitate flexible working arrangements to allow employees to continue working.
22. Where flexible working arrangements cannot be accommodated, agencies should consider whether the employee can temporarily undertake a different (more flexible) role, either within their agency or in a different agency.
23. Where an employee is unavailable for work, they will need to access an approved leave type.
24. Employees who make themselves unavailable for work may utilise their available leave credits. Where credits are exhausted, there is no entitlement to additional paid leave.
25. Paid carer’s leave may be appropriate in specific circumstances. Paid carer’s leave is available to full-time or part-time employees where the employee needs to look after a family member or a member of their household who requires care or support because of a personal illness or unexpected emergency affecting the member. See Fair Work Ombudsman guidance on personal/carer’s leave during COVID-19 and Circular 2022/1: COVID-19 Leave Arrangements for further information.

Mobility

26. The APSC continues to coordinate and support the mobility of employees between APS agencies in response to COVID-19. 
27. This Circular does not impact agencies’ responsibility to continue to review their critical functions based on current and emerging needs in response to COVID-19. In doing so, agencies will identify employees who can undertake a temporary mobility opportunity. This will help ensure agencies are ready to respond to surge requests to support the continued delivery of critical government services to the Australian public.  
28. Agencies must continue to identify employees available for temporary mobility opportunities to the APS Surge Reserve in response to surge requests.
29. More information on mobility can be found in Circular 2020/6: Temporary mobility arrangements as part of the continued response to COVID-19.

Business continuity

30. Agency heads have a responsibility to ensure their agencies continue to deliver essential services to the Australian public.
31. Agencies must continue to implement and update their business continuity plans, including risk management contingencies, to account for the emergence of new variants (including the impact of staff absences due to illness) and how they will return to COVID-safe workplaces when appropriate.
32. Agencies should communicate plans to employees to ensure business continuity and maintain regular discussions regarding the return to COVID-safe workplaces.
33. Individual agency heads are also responsible for determining their agency’s approach toward supporting their employees to get tested for COVID-19 and screening in workplaces to maintain delivery of critical functions. This should be in line with Government advice, state and territory public health orders and guidance published by the Therapeutic Goods Administration.

Interaction with Circular 2020/1 and Circular 2020/5

34. This Circular does not supersede, and should be read in conjunction with, Circular 2022/1: COVID-19 Leave Arrangements.
35. This Circular supersedes Circular 2020/5: Preparing for a COVID-safe transition for APS workplaces.
36. This Circular does not limit or restrict existing agency head powers to facilitate arrangements for employees to work from home. These arrangements could be for cohorts of employees, or on a case-by-case basis.