STAND DOWNS & ENFORCEABLE GOVERNMENT DIRECTIONS
On Friday 15 October, on the Premier of Tasmania, Peter Gutwein, announced a 3 day lockdown from 6pm, 15 October 2021 in Southern Tasmania.
Based on the information provided by the Fair Work Ombudsman, this meets the requirement for Employers to stand their Employees down. Employers can stand down Employees without Pay, if there has been an Enforceable Government Direction put in place, requiring the facility to close (which means there is no work for the Employee to do, even from another location).
Under the Fair Work Act, an Employee can only be stood down without Pay, if they cannot be usefully Employed because of a stoppage of work, for any cause which the Employee cannot reasonably be held responsible.
Employers may be able to stand Employees down without Pay during a sudden workplace closure that is outside the Employer’s control. For example, they may be able to Stand Down Employees when:
– the business has closed because of an Enforceable Government Direction (which means the Employee can’t be usefully employed, even from another location)
– there’s a stoppage of work due to lack of supply, for which the Employer can’t be held responsible.
Employers should first discuss and communicate with Employees about a Stand Down. They should also discuss other workplace options available to Employees. These can include:
The Fair Work Ombudsman >> Before Standing Down Employees: Employer Checklist helps Employers make sure they’ve considered all options before Standing Down an Employee.
Enforceable government directions
An Employer doesn’t have to pay an Employee, when either the federal, state or territory government or officer makes an Enforceable Government Direction that prevents an Employee from working.
In these instances, the Employer doesn’t have to Pay the Employee, unless the Employee takes paid Leave. Whether or not the Enforceable Government Direction prevents an Employee from working will depend on the facts in each case.
Find out more information about Enforceable Government Directions and Stand Downs during Coronavirus at >> Stand Downs.