On Tuesday 2nd of November 2021, the new NSW premier made some further changes to the NSW Roadmap toward reopening.  In this short update, we will unpack the changes and consider the HR & Workplace Relations implications in terms of employees returning to the office as well as address some questions that still remain unanswered.

To put these changes into context we first need to understand that under the NSW Health Orders, there are essentially two types of businesses. Firstly, nominated industries & high risk businesses which include hairdressers, swimming pools, non-critical retail, hospitality venues and a range of other businesses are only permitted to have fully vaccinated people on premises including employees.

For other businesses, In terms of working from the office, all employees regardless of vaccination status should be working from home, unless it is unreasonably practical for them to do so.  The only difference is that fully vaccinated employees must be allowed to work from home, and partially or non-vaccinated employees must work from home unless it is not practicable. Having said that, the test for carrying out any work outside of home is based on the same principles as to whether it is “practical” or not, and essentially this principle is the same for both vaccinated and unvaccinated employees.

Originally, these restrictions were due to be relaxed on 1 December 2021. In the changes announced by the NSW Premier, this date has now been extended to the 15 December 2021. So what practical application does this have for businesses.

Well, based on our interpretation of the NSW Health Orders, this would mean that for “high risk industries”, employees who are unvaccinated employees will not be able to return until at 15 December, although like everything relating to the public health orders, its hard to have confidence things won’t change again.

In practical terms this delay and change in the NSW Health Orders is saying to the business community that they really don’t want the majority of workers returning to their place of work until 2022.  Most businesses will determine that 15 December is simply too late to make any changes to their current arrangements and put it off until the new year.

If you business needs some assistance in putting together a strategy for returning to normal trading, or you are facing any other HR or Workplace Relations challenges, we would love to be able to assist you.  The best way to get in contact with us is via our website at ondemandhr.com.au

Thanks very much and looking forward to seeing you in the next update.