When can an employer stand workers down without pay in Australia?

Only in three situations under section 524 of the Fair Work Act 2009, and only if you cannot be usefully employed: industrial action (not organised by the employer), a machinery or equipment breakdown the employer isn't responsible for, or a stoppage of work for a cause the employer cannot reasonably be held responsible for — such as a natural disaster or a government-ordered closure.

Can my employer stand me down because business is quiet?

No. Quiet trade, low sales, fewer customers or cost-cutting are not stand-down grounds — a downturn is the employer's commercial risk. They must keep paying you, offer other useful work, or follow a proper redundancy process with its notice and severance entitlements. A 'stand-down' used to dodge redundancy pay is recoverable as unpaid wages.

Do I get paid for public holidays during a stand-down?

Yes. The Fair Work Ombudsman is explicit: employees stood down without pay are entitled to be paid for public holidays that fall during the stand-down period, where they would normally have ordinary hours on that day. The pay is your base rate for your ordinary hours on the day (section 116, Fair Work Act). Casuals not rostered on the day, and part-timers whose days don't include it, don't get public holiday pay. This is the detail employers most often get wrong.

Do I keep accruing leave while stood down?

Yes. A stand-down suspends work and pay, not employment — your service is continuous and annual and personal leave keep accruing on your normal hours. You can agree with your employer to use annual leave or long service leave instead of the unpaid stand-down — but you can't use paid sick/carer's or compassionate leave while stood down.

What can I do if I think my stand-down is unlawful?

Write to your employer stating you are ready, willing and available to work and that you consider the stand-down invalid — that preserves your wage claim. Keep records of every missed shift. While still employed you can lodge Form F13 with the Fair Work Commission to dispute the stand-down (section 526) — but the Commission can't order the wages to be paid; recovering wages withheld under an invalid stand-down is a court small-claims or Fair Work Ombudsman matter, going back up to 6 years.

Stand-Down Checker

Stood down without pay? Check whether it's lawful under section 524 of the Fair Work Act, what you're still owed for public holidays, and what to do next.

Last verified: 23 August 2026

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