WORKPLACE RELATIONS ACT 1996 - SECT 691A Employer may stand down employees in certain circumstances

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 691A

             (1)  This section applies if:

                     (a)  an employee employed by an employer cannot usefully be employed during a period because of a particular circumstance; and

                     (b)  that circumstance is:

                              (i)  a strike; or

                             (ii)  a breakdown of machinery; or

                            (iii)  a stoppage of work for any cause for which the employer cannot reasonably be held responsible; and

                     (c)  either:

                              (i)  there is no contract of employment, and no industrial instrument, that binds the employer in respect of the employment of the employee and that contains provision for the standing down of the employee during that period because of that circumstance; or

                             (ii)  a contract of employment, or industrial instrument, that binds the employer in respect of the employment of the employee contains provision for the standing down of the employee during that period because of that circumstance, but the employer's right to stand down the employee is dependent on the employer having to apply to the Commission, a State industrial authority or another person or body for an order or determination (however described) authorising the employer to stand down the employee.

             (2)  If this section applies, the employer:

                     (a)  may stand down the employee during the period referred to in paragraph (1)(a) because of the circumstance referred to in that paragraph; and

                     (b)  if the employer stands down the employee under paragraph (a) of this subsection--may deduct payment for the period during which the employee is stood down.

             (3)  A period during which an employee is stood down under subsection (2) does not break the employee's continuity of service.

             (4)  A period during which an employee is stood down under subsection (2) counts as service for all purposes.

             (5)  A provision of a contract of employment or an industrial instrument that provides as mentioned in subparagraph (1)(c)(ii) has no effect. However, this section does not otherwise affect the operation of any provision of a contract of employment or industrial instrument that provides for the standing down of employees.

             (6)  In this section:

"industrial instrument" means any of the following:

                     (a)  a workplace agreement;

                     (b)  an award;

                     (c)  a pre‑reform AWA;

                     (d)  a pre‑reform certified agreement (within the meaning of Schedule 7);

                     (e)  a preserved State agreement;

                      (f)  a notional agreement preserving State awards;

                     (g)  a workplace determination;

                     (h)  an employment agreement (within the meaning of Division 12 of Part 21);

                      (i)  an exceptional matters order (within the meaning of Schedule 7);

                      (j)  a section 170MX award (within the meaning of Schedule 7);

                     (k)  an old IR agreement (within the meaning of Schedule 7);

                      (l)  an AWA (within the meaning of Schedule 7A).