New Stand Down Laws
From 9 April 2020 employers are able to utilise new stand down provisions arising from changes to the Fair Work Actin light of COVID-19. These changes are temporary and are currently stated to end on 28 September 2020.
The new provisions enable employers to issue a “jobkeeper enabling stand down direction” to relevant employees where all of the following apply:
- the direction was given after the commencement of the new stand down laws to not work on a day(s) on which the employee would usually work, or to work for a lesser period than the period which the employee would ordinarily work on a particular day(s), or to work a reduced number of hours (compared with the employee’s ordinary hours of work)
- when the direction was given, the employer qualified for the jobkeeper scheme
- the employee cannot be usefully employed for the employee’s normal days or hours during the stand down period because of changes to business attributable to the COVID‑19 pandemic or government initiatives to slow the transmission of COVID‑19
- the implementation of the direction is safe having regard to (without limitation) the nature and spread of COVID‑19
- the employer becomes entitled to one or more jobkeeper payments for the employee for a period that consists of or includes the jobkeeper enabling stand down period or for periods that, when considered together, consist of or include the jobkeeper enabling stand down period
Like most laws, there are exceptions, qualifications and additional rules that need to be met, and disputes can be referred to the Fair Work Commission.
Please call the leading employment lawyers in Parramatta, the Matthews Folbigg Workplace Solutions employment law team on 9635 7966 to speak with one of our employment lawyers if you require any assistance or advice relating to the new stand down laws or any other workplace matter.
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DISCLAIMER: This article is provided to clients and readers for their general information and on a complimentary basis. It contains a brief summary only and should not be relied upon or used as a definitive or complete statement of the relevant law.