So you want to stand down your employees during the lockdown – make sure you follow FairWork guidelines. They have updated their website today. See here
FairWork says: Before standing down an employee, employers should consider all other options. Use the checklist below to make sure all options have been considered before an employee is stood down.
Under section 524 of the Fair Work Act, an employer can stand down an employee without pay where they can’t usefully be employed because of a stoppage of work for any cause for which the employer can’t reasonably be held responsible.
Employees who are stood down without pay are still employed for the period of the stand down.
Employers generally can’t stand down employees under the Fair Work Act stand down provisions simply because of a deterioration of business conditions or because an employee has coronavirus.
An employer should discuss and communicate any decisions they make about implementing a stand down with their employees.
Employees who are stood down without pay by their employer 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 by their employer under the Fair Work Act are still 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.
Leave entitlements, such as sick and carer’s leave and annual leave, still accrue while an employee is stood down without pay.
