Wages During Lockdown

Many businesses have been and continue to be affected by lockdowns. As a business owner, you need to be aware of the requirements that some employees are entitled to normal wages, regardless of attending work.

For businesses that are NOT listed as restricted on the QLD Health Website (or your States/Territories Government Health Website), are considered non-restricted & are allowed to remain open. (Further rules may apply, depending on the nature of your activities)

Can I request employees not to attend the workplace?

Yes. If you believe it would be an appropriate & reasonably practicable control measure to reduce or eliminate the risk of Covid-19 for employees & others in your workplace. Discuss this with your employees & the reasons why you are requesting this.

Are employees entitled to receive wages if they are requested not to attend work?

Yes. If you have instructed employees not to attend work during the lockdown timeframes, they are entitled to be paid their normal wages UNLESS your business has been issued a government directive to close and therefore causing a “Stoppage of Work”. Casuals are exempt as they are employed day for day.

Of course, you can have a discussion with individuals & negotiate to take paid annual leave for this timeframe. Keep in mind though, there is no obligation on anyone’s part to do this.

What is “Stoppage of Work”?

A clear example of “Stoppage of Work” is where an enforceable government direction requires an employer to close down a work site or reduce staffing levels, and employees can’t work remotely, or prevents an employee from working because they’re required to self-isolate.

Can I stand employees down without pay during a “Stoppage of Work”?

Yes. There are “stand down” provisions in place under section 524 of the Fair Work Act. While an employee is on stand down, all leave types will continue to accrue, along with the employee having access to their sick/carers leave. The employee will also be entitled to public holiday pay during this period. Employees can request annual leave during the stand down timeframe, but employers are not required to agree.

For up-to-date instructions in relation to COVID-19 updates and how it effects Queensland workplaces, please see https://www.health.qld.gov.au/

Need further advice specific to your workplace?

Cairns HR Services offer a free consultation to discuss your situation.

Call 0419 659 388 today for your consultation or contact us here.