WORKPLACE RELATIONS ACT 1996 - SECT 691B Prohibition of unauthorised stand downs

This legislation has been repealed.

WORKPLACE RELATIONS ACT 1996 - SECT 691B

             (1)  An employer must not stand down an employee from his or her employment if the stand down is not authorised by:

                     (a)  subsection 691A(2); or

                     (b)  a provision of a contract of employment, or an industrial instrument (within the meaning of section 691A), that is binding on the employer in respect of the employment of the employee (other than a provision that is rendered of no effect by subsection 691A(5)).

Note 1:       Compliance with this subsection is dealt with as follows:

(a)           the model dispute resolution process applies (see subsection (2));

(b)           the Court may grant an injunction (see subsection (3));

(c)           the compliance provisions of Part 14 apply.

Note 2:       If the standing down of an employee is not authorised as mentioned in this subsection, the employee may recover any lost wages by taking appropriate enforcement action (whether under this Act or otherwise).

             (2)  The model dispute resolution process (other than section 697) applies to a dispute under subsection (1).

Note:          The model dispute resolution process is set out in Part 13.

             (3)  The Court, or the Federal Magistrates Court, on application by an employee who has been stood down or by an inspector, may grant an injunction requiring the employer of the employee to cease contravening (or not to contravene) subsection (1).