Amplify Alliance stands with all workplaces and communities impacted by Ex-Tropical Cyclone Alfred. We understand the challenges businesses and employees may be facing in the aftermath of this event.
Given the number of queries we’ve received regarding employees affected by the cyclone, we have provided helpful information along with template guidance for employers needing to apply stand-down provisions.
We hope this resource assists you during this time. Please don’t hesitate to reach out if you need further support.
Where employees are unable to access their workplace due to circumstances beyond the employer’s control—such as a cyclone or flood—the Stand Down provisions under Section 524 of the Fair Work Act 2009 (Cth) may be applied.
In accordance with Section 524 (1) (c) of the Fair Work Act 2009 (cth) (FW Act) all employees who cannot be usefully employed are stood down until further notice due to:
A stoppage of work for any cause for which the employer cannot reasonably be held responsible. and (3):
If an employer stands down an employee during a period under subsection (1), the employer is not required to make payments to the employee for that period.
If this scenario applies to your workplace, the following guidance for employees may be useful as part of the stand-down process.
From [relevant date nominated] employees who cannot be suitably redeployed will remain stood down without payment until further notice [you may not have identified an end date yet].
This means you are not required to attend the workplace until further notice and in accordance with the stand down provisions of the FW Act – you will not receive wages during this period.
As the employer, if employees cannot be utilised then an employee may elect to access accrued annual leave if they choose to do so during the shutdown period communicated by the employer accordingly.
We will provide any further updates to members about stand down restrictions arising from cyclone and flood damage and restrictions on employees returning to workplaces. As always, please get in touch with our Workplace Relations team if you have any questions.
