Employees and HR during COVID 19

Katrina Spinazzola • April 3, 2020

A word on Stand down v shut down and other HR matters ....

In challenging times we currently face in the workplace - take a moment to save this link below :

https://coronavirus.fairwork.gov.au/

Be guided by Fairwork Australia.
Subscribe to their updates https://www.fairwork.gov.au/website-information/staying-up-to-date/subscribe-to-email-updates

In emergency times there are provisions to manage your employees and potentially stand them down without pay.

There are certain criteria to satisfy :
You need to demonstrate a stoppage of work outside your control eg mandated government closure and show that the employees have no useful work to do.

Is a stand down the same as a shut down?

No, a stand down is different to a shut down. A shut down is when a business temporarily closes during slow periods of the year, such as Christmas and New Year. A shut down is also known as a close down.

Consider if this is a downturn in work v a stoppage of work.

Options :

The Employee can take a period of unpaid leave by agreement
The Employee can take paid leave they have accrued
There can be an agreed reduction of hours

If an employee is Stood Down - they can still access their paid leave entitlements.
Worth noting that Long Service Leave is a state based law and is not managed by Fairwork legislation - rather each State Law

How to communicate a Stand Down ?

Make the reason clear eg direction from government
Make it clear that the employees are still employed
Use the language of Stand Down and be descriptive about its length eg temporary measure.

Annual Leave

Check your Award to see the provisions for Directing an employee to take Annual Leave
Consider employees with excessive leave and again check the provisions in the Award regarding this.
If your Award is silent on these matters - ensure your request is reasonable

Can you manage the workplace with included flexibility of work ?

There are a range of flexible working arrangements that employers and employees can explore together that may suit their individual needs and circumstances. These include:

working from home
changing the number of hours an employee works
changing the start or finish times of employees' shifts
changing patterns of work, such as rostering arrangements
changing the type of work done by employees.

Flexibility in the workplace allows employers and employees to make arrangements about working conditions that suit them. Employers and employees need to consider and comply with any requirements under the Fair Work Act, an applicable award, enterprise agreement, employment contract or workplace policy.

Award Flexibility

Fairwork Commission has varied some Awards to include more flexibility

Awards currently varied

Find out more information on current variations:

Pandemic Leave and Annual Leave at 1/2 pay.

Proposed

On 1 April 2020, the Fair Work Commission issued a Statement outlining its intention to update 103 awards during the coronavirus pandemic. Read more at https://www.fwc.gov.au/documents/documents/awardmod/variations/2020/2020fwcfb1760.pdf

The proposed updates would provide:

an entitlement to unpaid pandemic leave
flexibility to take annual leave at half pay.

THIS IS NOT YET LAW - BUT IS EXPECTED TO BE PASSED INTO LEGISLATION - Wednesday 8 April 2020.

The Australian Prime Minister Scott Morrison recently said that this is our 'new normal'.

Our working lives are changed for ever as employees and employers navigate these new working arrangements.

Watch this space as we keep you updated on all the changes as they are made

**Note : This information is current as at 04/04/2020**

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