Cyclone Alfred is heading towards Queensland, expected to impact areas from Sandy Cape to Grafton, including Brisbane, the Sunshine Coast, Gold Coast, and Byron Bay.

This guide provides essential questions and answers for employers to navigate the storm’s impact on their workforce. It highlights your key options—whether it’s having employees work from home, standing them down, or requesting they take leave—while ensuring you meet your legal obligations.

Can I direct employees to attend work during Cyclone Alfred?

Yes, but carefully consider whether it’s essential for employees to be at work and whether your request is reasonable in the circumstances.

Keep in mind that you may be held liable under workplace health and safety laws if an injury occurs while employees are at work. Employees also have the right to stop work if they believe it’s unsafe.

Additionally, employees injured while commuting may be eligible for workers’ compensation in both QLD and NSW.

Employees raising concerns about attending work are likely to be protected by the general protections provisions of the Fair Work Act 2009 (Cth) (Fair Work Act). Employers must not take adverse action against employees because they raise these concerns.

If attending work poses a health and safety risk, consider alternative options, such as flexible work arrangements or allowing employees to take leave.

My employee cannot get to work. What are their leave entitlements?

Review the employee’s leave entitlements based on the terms of any applicable award, enterprise agreement, or company policy.

Employees may be eligible for different types of leave under the National Employment Standards, including:

• Carer’s leave (e.g. to care for a child due to school closure)
• Sick leave (e.g. if the employee is unwell or injured)
• Community service leave (e.g. if the employee is part of an emergency management body and has been called upon)

If you stand down an employee under section 524 of the Fair Work Act, they may not be entitled to paid leave unless you explicitly authorise it.

Can I direct employees to work from a different location?

Start by reviewing the employment contract, as it may specify whether you can direct employees to work from an alternate location.

If the contract is silent on this matter, you will need to reach an agreement with employees.

My business needs to close temporarily. Can I direct employees to take annual leave?

If your employees are covered by a modern award or enterprise agreement, check the ‘shutdown’ clause. If none exists, you may not have the authority to direct employees to take annual leave. Even if a shutdown clause applies, given the approaching cyclone, relying on this clause may not be practical, as a 28-day notice period typically applies.  

For employees not covered by an award or agreement, section 94(5) of the Fair Work Act allows employers to direct employees to take annual leave if the direction is reasonable.  Examples of a reasonable request include where excessive leave has accrued or where the business is temporarily closed. 

In the current circumstances, you are most likely to reach a suitable outcome by negotiating this openly with your employees.  

Can I stand down employees without pay if my business cannot operate?

Start by trying to reach an agreement with employees to work from home or take annual leave (paid or unpaid). If these options aren’t feasible, you may need to consider standing down employees as a last resort.

When standing down an employee, you are not required to pay them during the stand-down period. Employees can only be stood down if the relevant provisions are included in the enterprise agreement, employment contract, or the Fair Work Act.

Under section 524(1)(c) of the Fair Work Act, you may stand down an employee if:

• they have no productive work to do during the stand-down period, and
• the stoppage of work is due to reasons beyond your control, and you are not responsible for the disruption.

Whether the cyclone justifies a stand-down depends on how it impacts your operations. A temporary reduction in work may not be sufficient to justify a stand-down—there must be a complete cessation of work.

However, note that only the work, not the entire business, needs to stop. Different areas within the business may be impacted differently.

Unless your award or enterprise agreement requires consultation, the decision to stand down employees is yours. However, it’s always good practice to keep open communication and clearly explain your decisions.

What about casual employees?

The above applies to part-time and full-time employees. Casual employees can be rostered as usual, but you should still be mindful of your health and safety obligations to all employees. 

Key Takeaways

1. Every business is unique—there’s no one-size-fits-all approach
2. It’s always better to reach an agreement with employees than to act unilaterally
3. Prioritise workplace health and safety for both yourself and your employees
4. If you’re unsure about your legal rights and responsibilities, consult an employment lawyer.

Disclaimer: This update is a guide only. Seek professional advice tailored to your specific situation. EmploySafe Legal is not liable for any errors contained in this update.

Kate Simpson
Managing Director – Employment & Safety Lawyer
+61 420 972 497
kate.simpson@employsafelegal.com.au