A State Government employee who found himself homeless due to skyrocketing rents in Maryborough has won an appeal against a decision to refuse his permanent transfer to Kingaroy.
In June last year, Department of Resources team leader Julian Gregson applied for a permanent relocation to Kingaroy, citing significant issues in Maryborough caused by the housing crisis, including living in an unsuitable house in an area of “non-stop crime” and excessive noise.
When the department refused his request, and an internal review confirmed the decision, Mr Gregson applied to the Queensland Industrial Relations Commission (QIRC), which last week found the refusal to be unfair and unreasonable.
In her 33-page decision delivered on Monday, Industrial Commissioner McLennan ordered the appeal be allowed, the decision be set aside and Mr Gregson’s position be permanently transferred.
In July last year, Mr Gregson, a team leader in state land management, lodged an Individual Employee Grievance (IEG) over the refusal, saying it was unfair and unreasonable.
“Maryborough has the lowest rental vacancy rate in Queensland, and I was initially unable to secure accommodation upon accepting the position in December 2018,” he said in his IEG.
“I have persevered in the hope of making it work for almost five years now, initially sleeping in my car in the bush for the first few weeks, then defrauded by someone offering private rentals taking advantage of the housing crisis, followed by renting a tiny sunroom in a share house (for the price of an entire house).
“It is essentially impossible to rent a house in the area, and I have also tried Hervey Bay – but every open house I have ever been to has seen 30-40 couples attend. At some stages I have applied for every rental property advertised within 100km of Maryborough.”
Mr Gregson said his situation showed anyone could be impacted by the housing crisis and the department needed to show empathy and flexibility.
The department declined the request after considering factors including fatigue management, citing the cumulative effect of compressed hours and a commute of 182km each way; vehicles and equipment being located in Maryborough; disconnect from the team; and potential substantial delays in Mr Gregson attending emergency fire situations.
A month later, an internal review found the IEG decision fair and reasonable. The review stated Mr Gregson’s role had significant aspects that required him to be on location; and that he was required to work with and supervise others in high-risk activities, such as operating chainsaws to clear firebreaks, or undertaking fire or pest management.
A month later Mr Gregson filed an appeal with the QIRC.
“My role could be done from anywhere in the world, but I have only moved to the next major town so that I can keep a roof over my head,” he submitted to the Commission.
“From day one, I was unable to find and maintain housing in the Maryborough region due to the unprecedented low vacancy rates and fast-moving real estate market. At multiple times I was homeless, or at risk of becoming homeless due to trying to stay in Maryborough just for the role.”
Mr Gregson said the house in Maryborough he eventually secured “was completely unsafe and inappropriate for someone with sensory issues and a new baby”.
“I started applying for rentals and made offers to purchase other houses in Maryborough, but it was harder than when I first started trying. Other than this house, I had no other housing options available to me in the Maryborough area,” he said.
On 25 July last year, Mr Gregson made an offer to buy a house in Kingaroy, which was accepted.
“This has not been a personal choice for me, as I have had no choice. I have done what is necessary to not be homeless. My only other option was to resign and lose my career I have developed over more than a decade, but even if I was to resign, the department would not be able to recruit someone new into such a niche role in Maryborough, due to the housing crisis,” he submitted.
Commissioner McLennan said Mr Gregson’s individual circumstances warranted special consideration by the department.
“In my mind, the Appellant’s decision to relocate was no mere ‘personal choice’ and rather, was a decision made to protect his mental wellbeing and the safety of his infant child,” she said.
“I find that the Respondent did not reasonably or fairly weigh the Appellant’s individual personal factors with the operational convenience for the Department. The operational matters from the Department’s perspective can be managed on my assessment, whereas the Appellant’s housing situation cannot.”
She said while the department had concerns about fatigue management arising from regular long-distance travel, Mr Gregson’s inability to sleep during the night posed a greater fatigue risk than being occasionally required to drive from Kingaroy to Maryborough.
“In my view, the Appellant’s risk of fatigue has in fact been mitigated through him moving to Kingaroy as he has been able to find suitable housing in a safer area where his sleep is not disturbed, making him more rested and alert when he is at work,” she said.
Commissioner McLennan also said the department had not been able to justify why Mr Gregson could not supervise staff from a different location, “nor how it would reduce operational leadership, in circumstances where it seemed the be the ‘norm’ across the Department”, referring to supervisors and reports being based in Cairns and Townsville; and Rockhampton and Mackay.
She said it seemed Mr Gregson’s field work duties could be effectively undertaken from Kingaroy, given this component of the role occurred on land across Southern Queensland; that office space could be sourced to support the transfer; and that it was reasonable to have a department vehicle relocated to Kingaroy with Mr Gregson.
Commissioner McLennan ordered that the permanent transfer take effect “from the time Mr Gregson wishes to return to his substantive position”.
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