[2025] FWCFB 274
Citation: [2025] FWCFB 274
What happened
Registered nurse Razelle Coombes, a member of the Australian Nursing and Midwifery Federation (ANMF), was asked to work on a different ward at St Vincent’s Private Hospitals on November 19 and 21, 2024. She declined both times due to participating in protected industrial action, which included a ban on redeployment. On November 21, she received a letter stating she was stood down without pay. The ANMF filed a dispute with the Fair Work Commission, arguing the stand down was unlawful. Commissioner Yilmaz initially ruled in favour of St Vincent’s, finding the stand down fell within the scope of section 524 of the Fair Work Act.
What was decided
The Fair Work Commission Full Bench (FWCFB) overturned Commissioner Yilmaz’s decision but dismissed the appeal. The FWC found the Commissioner erred in finding that the criteria for a stand down under section 524(1)(a) of the Fair Work Act existed. However, the appeal was dismissed on different grounds, as the employer could not stand down an employee when there was useful work available. The FWC clarified that an employer cannot stand down an employee if there is available work, even if the employee refuses to perform it due to industrial action.
What it means for employers
Employers cannot stand down employees simply because they refuse to perform available work, even if that refusal is related to protected industrial action. Employers must ensure there is genuinely no useful work available before standing down an employee under section 524 of the Fair Work Act. The 'Flexibility' clause in contracts of employment does not override the requirements of the Act.
What it means for employees
Employees participating in industrial action have the right to refuse work, but employers can still take action if there is no available work for the employee to perform.
Every statement above is drawn from the published decision. Read the original here:
https://www.fwc.gov.au/documents/decisionssigned/pdf/2025fwcfb274.pdfWant more cases like this?
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This summary was drafted by AI from the published decision and reviewed before publishing. It is general information, not legal advice. For your specific situation, speak to the Fair Work Ombudsman (13 13 94) or a qualified lawyer. About these summaries & corrections →