Reversing Employee Stand Down: A Guide for Employers
Many Australian businesses closed their doors temporarily earlier this year. As a result, many employers had to stand down their staff. Now that things are opening up again, you may be ready to get your team back to work. If your workplace is safe and operational, it is time to act on reversing the employee stand down imposed during closures.
How to Reverse an Employee Stand Down
Under the Fair Work Act, a stand-down is no longer legal once your business is operational and safe. If there is work for your employees to do, you must bring them back. This is not optional. By following these steps, you are effectively reversing employee stand down procedures. For more information check this link
Reversing an employee stand down can be difficult if your income has dropped. You might not have enough work for everyone. If you receive JobKeeper payments, you can use a JobKeeper Enabling Direction. This allows you to:
- Change employee days or hours (including to zero).
- Modify regular duties under certain conditions.
- Direct an employee to take annual leave.
Ensure any direction is in writing. You must also provide at least three days’ notice when reversing employee stand down status.
Options if You Do Not Have JobKeeper
If you do not receive JobKeeper, you can still request that staff take annual or long service leave. However, this must follow the terms of their specific award. Another way of reversing the employee stand down is by suggesting agreements where employees work half-hours and take the rest as leave.
These arrangements require a written agreement from your staff. For help with documentation, call Assurance HR on 1800 577 515. If employees refuse these proposals and JobKeeper is not an option, you may need to consider redundancies.
Can I Stagger the Return to Work?
Sometimes, you cannot have everyone return at once. However, you cannot keep some employees stood down while others work if the business is operational, as that would not be fully reversing employee stand down processes.
To stagger a return, use the JobKeeper directions or leave agreements mentioned above. Be objective when choosing who returns first. Base your decisions on skill sets to avoid potential discrimination claims.
What if an Employee Refuses to Return?
If an employee refuses to return, talk to them immediately. Sometimes, employees on JobKeeper may not want to return to work. This is a disciplinary issue related to reversing employee stand down. If this happens, contact us on 1800 577 515 for expert advice.
Reversing JobKeeper Enabling Directions
The rules for reversing an employee stand down also apply to JobKeeper directions. If staff work reduced hours, you must notify them in writing. Again, you must provide three days’ notice.
If an employee refuses their normal hours, address their concerns as a standard disciplinary matter. Unlike other reversing employee stand down actions, a JobKeeper direction can continue for as long as the business needs it.
