As a tropical low continues to bring torrential downpours to north Queensland, employers are hastily making accommodations for employees to work or decisions to shut down businesses during the event.
It is not only important that employers follow the right procedures in relation to a stand down, but the procedures are also crucial in maintaining the safety and wellbeing of their employees.
What is a ‘Stand Down’?
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 Down”.
A stand down is distinguishable from a “Close Down” which is when a business closes during a holiday or festive season. We discussed Close Downs in our previous article which can be accessed in HERE.
To ensure that a stand down provision applies, employers should check the employee’s applicable award or employment contract.
Employers are unable to stand down an employee for the mere fact that the business is quiet or there is insufficient work.
For more information about the steps you need to check, MTA Queensland members can access information HERE.
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. If it is a stand down situation due to circumstances outside the control of the employer, it will be unpaid time. If an employer is directing an employee to take annual leave during the stand down, they must ensure that they are adhering to the relevant award or agreement.
The information in this article is general and does not constitute legal advice. For assistance or further information please contact the MTA Queensland Workplace Relations Advisors.
Source: Motor Trader e-Magazine (February 2025)
16 March 2025