Queensland and NSW businesses affected by Cyclone Alfred should consider their options under the Fair Work Act 2009 and workplace health and safety obligations, advises HVIA EmployerAssist provider Industry Legal Group.
Stand Down
If workplace is affected by a severe weather, employers may be able to stand their employees down under:
- An enterprise agreement or employment contract; or
- Section 524 of the FW Act.
The FW Act provisions only apply when an employee’s enterprise agreement or contract doesn’t have stand down provisions.
Under s524(1)(c) of the FW Act, an employer may stand down employees without pay if they cannot be usefully employed due to a stoppage of work outside the employer’s control.
Severe weather events, including government-mandated closures or unsafe conditions that prevent work, may justify an unpaid stand down under the FW Act if employees cannot be usefully employed during the stoppage.
An unpaid stand down under s524 of the FW Act still counts as service and the employee continues to accrue leave entitlements.
Alternatives To A Stand Down
Before standing down employees, employers should consider other options, including:
- Allowing permanent employees to take accrued annual or other paid leave;
- Changes to duties, hours or rosters by agreement (ie if it means that they can keep working);
- Offering remote work, where practical; and/or
- Implementing voluntary work-sharing across unaffected locations.
These alternatives may help maintain workforce stability and minimise disruption while ensuring compliance with legal obligations.
Work Health And Safety
Employers must comply with work health and safety obligations by assessing risks associated with severe weather and, as far as reasonably practicable, eliminating those risks.
This includes having a plan to manage severe weather events and taking all reasonable steps to maintain a safe work environment.
Some measures that employers should implement include:
- Staying updated on official warnings from the Bureau of Meteorology and emergency services;
- Ensuring the workplace is safe and secure eg securing loose materials, checking drainage systems and ensuring emergency supplies are available;
- Ensuring all employees are aware of evacuation procedures, emergency contacts and safe assembly points;
- Not requiring employees to travel to or from work if roads are unsafe; and
- Providing clear communication on workplace closures, stand-downs or alternative work arrangements.
Emergency Services / Information
- Life threatening emergency: Triple Zero (000)
- SES: 132 500
- Qld Gov. Disaster Management: https://www.disaster.qld.gov.au/tropical-cyclone-alfred
- NSW Gov. Emergencies and Natural Disasters: https://www.service.nsw.gov.au/services/emergencies-and-natural-disasters
More Information
Contact Industry Legal Group on (07) 3376 6266 or hvia@employerassist.com.au if you require advice.