In the event of natural disasters, workplaces may be affected, leading to temporary closures or employee stand-downs. Employers and employees must be aware of their rights and obligations during such events.  Employers should consider all available options before making the decision to stand down their employees.

  • Stand Downs  A stand down under the Fair Work Act is when an employee can’t do useful work because: equipment breaks downs (if the employer isn’t responsible for it), industrial action (when it’s not organised by the employer), work stops for a reason that the employer can’t be held responsible for, such as: a lack of supply, a natural disaster, or, the business has closed because of an enforceable government direction.
  • Shutdowns A shutdown is different to a stand down. A shutdown is when a business temporarily closes, such as Christmas and New Year. An employee can be directed to take annual leave during a shutdown if their award or registered agreement allows it.
  • Impact on Workplaces Natural disasters can lead to temporary workplace closures, and employers may stand down employees if they cannot be usefully employed due to equipment breakdowns or stoppages caused by severe weather or natural disasters like cyclones or floods.
  • Inclement Weather and Employee Safety Severe weather conditions, such as heavy rain, storms, extreme temperatures, hail, or high winds, may make it unsafe or unreasonable for employees to work. Employers may direct employees not to attend or stop work, and specific rules regarding inclement weather may be outlined in awards, enterprise agreements, or other registered agreements.  Refer to your local authority for advice on situations.
  • Alternatives to Stand-Downs Before standing down employees, employers should consider options like offering accrued paid leave, requiring annual leave if allowed by the award or agreement, voluntary work sharing, or flexible working arrangements. These measures should comply with the Fair Work Act and any applicable agreements.
  • Leave   Employees can agree with their employer to use certain types of paid leave during a stand down. Examples include: annual leave, long service leave, or paid leave under an applicable award, enterprise agreement or employment contract.
    Employees who are stood down without pay under the Fair Work Act can’t use paid sick and carer’s leave or compassionate leave during the stand down.
    Employees who are stood down without pay under the Fair Work Act are entitled to be paid for public holidays that fall during the stand down period. This applies if the employee would normally have ordinary hours of work falling on the day of the public holiday.
    During a stand down, an employee:
    – doesn’t need to be paid,
    – accrues leave based on their normal hours had they been working.
    – will be paid for any public holidays that fall during that period.
  • Leave Accruals  Time away from work due to a stand down counts towards an employee’s service. This means that time stood down is included when calculating an employee’s entitlements under the National Employment Standards including: notice, redundancy and leave entitlements.
  • Casuals Casual employees can’t be stood down if the business is quiet, but they can be sent home after their minimum engagement period.
  • Working from Home Alternative working arrangements such as working from home might be suitable depending on the business and the employee’s work.
  • Changes to duties, hours of work or rosters  Employers can talk to their employees about temporary change of duties so the employee can keep working. Employees need to check the rules under awards or agreements, as well as employee’s contracts and workplace policies.
  • Disputes If there is a dispute about a stand down, an application to deal with a dispute can be made to the Fair Work Commission.

Be guided by your local authority regarding disasters and safety. The above information is generic. Refer to the Fair Work Commission for information relating to your employee’s awards or Enterprise Bargaining Agreement.

Remember, that an employee’s safety and yours is the priority to drive your decisions.

For specific advice on your situation, consult with the Fair Work Commission.

Call us on 1300 043 327 or via our contact page