Following the impact of tropical cyclone Alfred across South-East Queensland, employers and employees need to understand the implications of the Fair Work Act to navigate this critical time effectively.
Delve into the essential insights addressing stand downs, communication strategies, safety measures, entitlements for workers, and more during and after a cyclone event in our Q&A section below.
What should employers do to prepare for a cyclone event?
Employers should have a comprehensive emergency plan in place. This includes:
- Communication plan: Ensure that all employees are aware of the threat of a cyclone and how to receive updated (i.e. via email, SMS, or an Emergency App).
- Emergency contacts: Ensure that emergency contact information are updated for all employees.
- Evacuation procedures: Clearly outline evacuation procedures and routes for all employees.
- Emergency supplies: Stock up on essential supplies such as first aid kits, water and non-perishable foods.
View the latest weather warnings and local government disaster dashboards on the Queensland Government website HERE.
Can employers stand down their employees during a cyclone event?
In accordance with the Fair Work Act 2020, an employer can send employees home if there is no useful work for them to do because of equipment break downs, natural disasters (including floods, bushfires, tropical cyclones), enforceable government direction or industrial action. This is known as a “Stand Downs”. Key requirements to a stand down include:
- Legal compliance: Ensure that the stand down complies with the Fair Work Act 2009, which allows employers to stand down an employee during a natural disaster.
- Notification: Employers should directly communicate with employees as soon as the decision to stand down becomes necessary. The best way to do this is in person, and a follow up correspondence in writing. The correspondence should cover reasons for the stand down (i.e. cyclone event); date and time stand down takes effect; expected duration subject to change of conditions; obligations or restrictions during stand down (i.e. no performance of work); and contact information for any questions or concerns.
- Record keeping: Maintain accurate records of the stand down period and any communications with employees.
What steps should an employer consider before standing down an employee due to a cyclone?
Employers should discuss with their employees if there are any available alternatives to work. I.e. working from home (if safe to do so), relocation of workplace, or change in rosters of work etc. before resorting to stand down. Ensure that any alternative options of work are safe and necessary to do so.
You may like to consider whether you will stand your team down once the Cyclone becomes an imminent warning, or you may like to send them home prior.
What happens to employee entitlements during a stand down period?
If there are no available alternatives to work, then the employer should discuss with the employee how pay should be administered. These can include:
- Inviting the employee to take a period of accrued paid annual leave;
- Inviting the employee to take other paid leave (i.e. long service leave or paid leave available under an award, enterprise agreement, or employment contract);
Note: Sick, carers or compassionate leave cannot be utilised for a stand down. - Inviting other paid leave by arrangement between the employer and employee.
If there are no options for taking leave with pay, the employee can still be stood down without pay during the period.
However, the employee still accrues leave based on normal hours as if they had been working (i.e. sick leave and carer’s leave). Any time away from work due to a stand down still counts towards an employee’s service.
How should employers communication with their employees about cyclone- related work arrangements?
Clear and timely communication is essential. Employers should communicate employees about any updates to the cyclone situation within a timely manner. Any workplace closures, stand down requirements, and the effect on their entitlements should be communicated as soon as practicable. Ensure that all employees have access to updated contact information, emergency contacts and safety protocols. Key things to remember:
- Provide regular updates: Keep employees informed about the cyclone’s progress and any changes to the work schedule.
- Use Multiple Channels to ensure coverage: Utilize emails, text message, and phone calls and in person communication to ensure that essential information is received.
- Designate a point of contact: Assign a specific person or team to handle all communications and answer and questions.
Any legal obligations relating to employee safety during a cyclone?
Employers have a duty of care to ensure the safety of their employees. This includes:
- Workplace Safety: Ensure the workplace is safe and secure. If necessary, close the workplace and allow the employees to work from home. If work from home is not suitable, consider standing down employees during cyclone.
What should employers do after the cyclone has passed?
After a cyclone has passed, employers should do a risk assessment to assess the safety of the workplace to allow employees back to work. This must consider risks for travel to and from work and the safety of the workplace (if there are any floodings or damage which might be a hazard at the workplace).
Can I force my employees back to work after a cyclone?
Employers must prioritise employee safety and communicate this clearly to their team. If it is unsafe for employees to return to work immediately after a cyclone, they should not be compelled to do so. Employers should assess the safety of the workplace and consider alternative work arrangements where necessary.
The information in this email is general advice only. Please contact MTA Queensland’s Workplace Relations Advisors for more specific advice and assistance.
5 March 2025