Bushfire update: Managing work stoppages and employee absences

Employers impacted by the bushfires may be required to temporarily cease operations and stand down employees or manage employee absences in connection with a bushfire. In this article, we set out the rights and obligations of employers to employees during a stand down period and the key leave entitlements which employees may take in response to the threat or impact of the bushfires.

Statutory entitlement to standing down employees during a stoppage of work

Many employers impacted by the bushfires may have, or may be required, to cease trading for safety concerns. The Fair Work Act 2009 (Cth) (FW Act) allows an employer to "stand down an employee during a period in which the employee cannot usefully be employed because of ... a stoppage of work for any cause for which the employer cannot reasonably be held responsible" (section 524(1)(c) of the FW Act). A natural disaster or emergency situation, such as a bushfire, which forces a business to stop work would be the