I've been stood down from work
Stand down rules in Australia — when it's lawful, whether you get paid, and what to do next.
What is a stand down?
A stand down is when your employer tells you not to come to work and stops paying you, but you're still employed. It's different from being fired or made redundant. Under section 524 of the Fair Work Act, an employer can stand down employees without pay only in specific circumstances. You remain employed during a stand down and can't work for another employer unless your contract allows it.
When can your employer stand you down?
A stand down is only lawful when employees can't be usefully employed because of: a stoppage of work for any cause the employer can't reasonably be held responsible for (e.g. natural disaster, equipment breakdown from external cause), or a breakdown of machinery or equipment the employer didn't cause, or industrial action (a strike) that the employee isn't participating in. Poor business conditions or low demand are NOT valid reasons for a stand down.
Do you get paid during a stand down?
No, you don't get paid for hours you're stood down. However, you continue to accrue annual leave and personal leave during the stand down period. Public holidays that fall during a stand down must still be paid if you would have normally worked that day. Your employer must also continue paying your super on any hours you do work.
What about your leave?
During a stand down, you can request to use your accrued annual leave or long service leave to maintain your income. Your employer can't force you to take leave during a stand down unless your enterprise agreement specifically allows it. You still accrue leave entitlements even while stood down, because you remain employed.
If the stand down isn't lawful
If your employer stands you down for a reason not covered by the Fair Work Act — like slow business, or as punishment — it's not a lawful stand down. You're entitled to your normal pay for the period. You can dispute the stand down by contacting the Fair Work Commission or the Fair Work Ombudsman. You have the right to challenge the stand down even while it's happening.
What to do right now
1. Ask your employer for the specific reason for the stand down in writing. 2. Check whether the reason fits one of the lawful categories above. 3. If you think it's unlawful, call the Fair Work Infoline on 13 13 94. 4. Apply for income support through Centrelink — you may be eligible for JobSeeker Payment while stood down. 5. Keep records of all communication with your employer about the stand down.
General information and estimates only — not legal, financial, or tax advice. Always verify with the Fair Work Ombudsman (13 13 94) or a qualified professional.