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Section : What if an employer has to temporarily close?
Domain : Human Resource Management
Classification : Not Identified
Text Content
The FW Act stand down provisions only apply when an employee's enterprise agreement or employment contract doesn't contain stand down provisions that deal with the same circumstances. You should check your enterprise agreement or employment contract to see if it contains any stand down provisions. If an employer stands down an employee under an applicable enterprise agreement or employment contract, the employer is required to comply with the terms of the enterprise agreement or employment contract in relation to stand down. Employers also need to consider any additional requirements under any applicable award. An award can have different or additional rules about when an employer can stand down an employee. For example, some awards include a requirement to notify or consult with an employee before they can be stood down. If an employer does stand down employees under the FW Act provisions, it's best practice to tell those employees in writing (where possible), including:
- the start date of the stand down
- whether the employees will or will not be paid
- the effect on other employment entitlements. An employer should also try to update employees about when they believe the stand down will end.