Payment for standing by (roster - when not at work but ready for work)

IN BRIEF

Many industrial awards provide that employees are entitled to payment for "standing by" – ie periods of time where they are not at work but must be ready to be called in to work.

A recent Federal Court of Australia decision held that an employer owed four electricians for time "standing by" (Manildra Flour Mills (Manufacturing) Pty Limited v National Union of Workers [2012] FCA 1010).

THE FACTS

Manildra's flour mill operated 24 hours a day, 7 days a week. There was a roster which nominated one of the mill electricians as the "after hours" electrician to be contacted by staff if something went wrong. The question was whether the electricians were "standing by" when they were the "after hours" electrician.