Cyclone Debbie: Can employees be stood down?

Stand Down

An employer can send employees home if there is no useful work for them to do because of:-

• natural disaster (including floods, bushfires, tropical cyclones)

this is known as a stand down.

A stand down can only happen if the reason for the stand down was out of the employer’s control.

Employees cannot be stood down just because there is not enough work.

Pay During Stand Down

An employee is not paid during a stand down period.

Best Practice tip

Although an employee is not paid during a stand down period an employer can be flexible and consider other options that will allow an employee to be paid.

The employer can consider letting employees:-

• take a period of paid leave, such as annual leave
• work at another location such as from home or another work site.

Inclement or Severe Weather

Inclement weather is when it is unsafe or unreasonable for an employee to work because of severe weather conditions.

Awards, enterprise agreements and other registered agreements can set out:-

• what inclement weather includes;
• what employees and employers have to do when there is inclement weather.

If an employer stands down an employee because of a natural disaster, they do not have to make inclement weather payments.

What this means is that employers do not have to pay employees when stood down for natural disasters such as a cyclone.

However, employers may let the employees take annual leave but this needs to be discussed first with the employee.