Understanding Your Entitlements During a Stand Down—Guide For Australian Workers
In the event of a natural disaster or other unforeseen circumstances, many Australian workers may find themselves stood down. This can be a confusing and unsettling time, especially when it comes to understanding your rights and entitlements. So, what exactly happens during a stand down, and what are you entitled to? Let’s break it down.
What is a Stand Down?
A stand down occurs when an employer temporarily cannot provide work for employees due to circumstances beyond their control, such as a natural disaster, public health emergency, or the unavailability of supplies. During this period, the employee remains employed but is essentially put on hold until work can resume.
Are You Entitled to Be Paid During a Stand Down?
Under the Fair Work Act, an employer is not obligated to pay employees during a stand down if they cannot be usefully employed. However, this doesn’t mean you’re left without options. You can negotiate with your employer to take paid leave, such as annual leave, during the stand down period. It’s crucial to note that any form of leave requires employer approval, even if it’s normally a right under the National Employment Standards (NES).
For workers covered by enterprise agreements or employment contracts, there may be specific provisions regarding stand downs, including notice requirements or pay during the period. It’s a good idea to review these agreements or seek advice from your union to understand your specific entitlements.
Do You Accrue Leave Entitlements While on Stand Down?
One of the key concerns for employees during a stand down is whether they continue to accrue leave entitlements. Generally, under the Fair Work Act, leave entitlements such as annual and personal leave do not accrue during a stand down period. However, if your employer agrees to continue these accruals during the stand down, ensure this agreement is in writing to protect your rights.
Although leave entitlements may not accrue, a stand down period does count towards the length of service for certain rights and entitlements. For example, it is considered part of your employment period for accessing long service leave, parental leave, and for calculating the length of service for termination notice and severance pay.
Can You Dispute a Stand Down?
If you believe that you have been unfairly stood down, or you have concerns about your entitlements during this period, you can raise a dispute with the Fair Work Commission. Your union can also represent you in this process. The Fair Work Commission aims to ensure fairness between parties and may adjust the stand down period, offer alternative work, or even require some form of payment to the employee.
Protecting Your Rights During a Stand Down
Navigating your entitlements during a stand down can be complex, but knowing your rights is essential. Here are a few steps to take if you’re faced with a stand down situation:
- Review Your Employment Agreement: Check your contract or enterprise agreement for any provisions related to stand downs, including notice requirements and pay.
- Communicate with Your Employer: Discuss your options for taking leave during the stand down and whether they will agree to continue leave accruals.
- Seek Advice: Contact your union or the Fair Work Ombudsman for specific guidance related to your circumstances.
- Keep Records: Document all communications with your employer and any agreements made about your entitlements during the stand down.
Stay Informed and Protected
Being stood down can be a challenging experience, but understanding your entitlements can help you navigate this period more confidently. Remember, you have the right to seek advice and support from your union or the Fair Work Ombudsman if you’re unsure about your rights or need assistance in resolving a dispute.
By staying informed and proactive, you can ensure that your rights are protected and that you’re prepared to return to work when the stand down concludes.