Australia’s climate is known for its extremes. One part of the country might be enduring a long, hot summer that bakes bushland into kindling, while another faces tropical cyclones and torrential storms. Bushfires and floods are, unfortunately, a common feature of Australian life, so it pays to be prepared.
Natural disasters can cause property damage, supply chain disruptions and loss of access to workplace. But they also can bring serious risks for individuals. Safety of employees always needs to be a priority for employers, so it is important to be aware the options available if disasters strike.
An emergency management plan is an important step in being ready for a natural disaster. A plan should take a holistic view of the business’s needs, including:
When considering the human element of the business, a plan should address:
Effective consultation with workers during the process gives the opportunity for employees to give their insights and produce a more robust plan. It can also help employees understand the rationale for employer decisions.
General guidance on emergency management plans is available from business.gov.au: Develop an emergency management plan
Natural disasters can be unpredictable, but the state/territory governments have tools to keep the public informed of disaster risks. Staying up to date with the latest information is essential to acting early.
ABC local radio has a responsibility for broadcasting information during emergencies. The ABC has guidance on How to listen to ABC Radio in an emergency that includes how best to tune into vital information.
Current incident warnings are also available online in each state and territory as follows:
ACT: Emergency Service Agency (ESA)
NSW: Rural Fire Service (RFS) and State Emergency Service (SES)
Northern Territory: Northern Territory Police, Fire and Emergency Services (NTPFES)
Queensland: Local government disaster dashboards
South Australia: Alert SA
Tasmania: TasAlert
Victoria: VicEmergency
Western Australia: Emergency WA
Working from home is not an uncommon occurrence in the modern workplace. If employers can work from home or another location, this will often be the best option to keep employees clear from danger while continuing to work.
Of course, not all positions can be worked remotely, so alternative arrangements may be required.
If a natural disaster prevents employees from attending work, employers may be able to stand down employees without pay under the Fair Work Act 2009.
A stand down is only lawful when all three of the following conditions are met:
Examples of this could be where a business is forced to stop because:
Should this occur, the employer would still need to consider whether the affected employees can be usefully employed, for example by working remotely.
The requirements for a stand down mean that it will usually not be enough for an employer to establish that it would be inconvenient or uneconomical to continue working. Employers are recommended to seek advice from the Workplace Advice Line if they are unsure whether employees can be stood down in their particular circumstances.
Where the situation does not meet the requirements for a stand down, for example because there is limited work but not complete stoppage, employees can be requested to use leave such as annual leave or long service leave. This will usually need the agreement of the employee, as the ability to direct employees to take leave in these circumstances is not common.
Employees who are stood down may also request to use a form of paid leave such as annual leave or long service leave to minimise their loss of income.
What if the employer can still operate and provide work to employees, but an but individual employee cannot work, for example because they cannot travel due to a disaster?
If the employer can continue operating but an individual employee cannot work (for example, because local roads are cut off) this will not be a stand down.
If the employee cannot work remotely, it is usually recommended to consider granting the employee some form of leave.
If the employee cannot work remotely, suitable options include:
Employees may also access paid personal/carer’s leave if they need to care for a member of their immediate family or household because of an unexpected emergency.
Australian Industry Group's National Employment Standards Handbook provides helpful and practical information on all the National Employment Standard (NES) entitlements (such as community services leave and personal/carer's leave) and how to successfully manage them.
The handbook includes includes guidance on the interaction of the NES with industrial instruments and common award clauses, case examples, notice and documentary requirements, information on transfer of business and record keeping obligations and much more.
The accompanying updating subscription for this publication makes sure you stay up to date when legislative changes or case law developments occur.
The NES apply to every employee so don't wait, order your copy now and be confident in applying the NES in your workplace!
Australian Industry Group’s Disaster Planning, Response and Recovery hub provides links to government information, practical guidance and relevant Australian Industry Group resources to support employers during and after natural disasters.
Take advantage of more than 150 years of experience actively solving Members’ workplace issues and representing their interests at the highest levels of national and state government. Being a Member of Australian Industry Group makes good business sense. Call us on 1300 55 66 77 or visit our Why join page to sign up for a consultation with one of our member representatives.
