Natural Disaster – Temporary Close of Business Operations
A natural disaster, such as river flooding due to heavy rain, is usually covered by stand down provisions under the Fair Work Act (s.524).
In a stand down situation, employees are generally sent home, do not work, and are not paid if meaningful work cannot be provided to them.
However, if the employer can provide meaningful work for some or all employees, the legislated stand down protections may not apply. In such case, the employer could develop, through negotiation, a written agreement with affected staff to temporarily vary their employment terms. The agreement should state that it is temporary or for a fixed duration, after which employment terms will revert to normal.
Some of the arrangements that can be negotiated with permanent staff (with their agreement) include:
Working from home
Changing working hours
Changing work duties
Taking accrued time in lieu of overtime
Taking accrued annual leave
Taking accrued long service leave
Taking unpaid leave
Casuals who meet the current definitions under the Fair Work Act, can be sent home at any time without pay.
If the employer feels they may need to terminate employment for a permanent employee, or ‘regular’ casual who has not yet been offered casual conversion, please contact HRplus below.
The Fair Work Ombudsman provides some information about stand down – albeit with a COVID reference.
For more information, please contact your HRplus consultant.