Last updated: 26 July 2021 3:22 PM
Below is a summary of employer obligations during lockdown. We will update this page as new information is available.
This is general advice. If you want information specific to your circumstances or have any questions regarding this please contact us on (02) 9981 3137 or firstname.lastname@example.org
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From 12.01 am Monday, 19 July, until 11.59 pm Friday, 30 July all construction sites and maintenance activities in Greater Sydney area must close unless it is:
The sudden lockdown has left many employers wondering about their obligations to their employees.
This two week lockdown is an enforceable government issued directive, so the business may be able to use the ‘stand-down’ provisions under the Fair Work Act.
As this was not at the discretion of the business employees can be put on Stand Down (no pay) if there are no alternative role which allows the employee to be usefully employed, even from another location.
Under section 524 of the Fair Work Act, an employer can stand down an employee without pay where they can’t usefully be employed because of a stoppage of work for any cause for which the employer can’t reasonably be held responsible.
Employees who are stood down without pay are still employed for the period of the stand down. Leave entitlements still accrue while an employee is stood down and it counts towards employees service. Casual employees are not covered by the Stand Down provisions.
To stand down an employee using these provisions, an employer needs to be able to show that:
Employers generally can’t stand down employees under the Fair Work Act stand down provisions simply because of a deterioration of business conditions or because an employee has coronavirus.
Use the Fairwork Checklist
To consider: Maintaining your employee numbers as at 13 July 2021 is required to qualify for both the Business & Job Saver Grant.