The Western Australian Government has announced a four-day lockdown for the Perth and Peel areas, effective from 12:01 am on Tuesday 29 June 2021 until 12:01 am Saturday 3 July 2021 in an attempt to contain a coronavirus outbreak.

You are required to stay home unless you need to:

  • work because it’s not possible to work from home. Refer to the list of essential workers;
  • shop for essentials like groceries, medicine and necessary supplies, including click and collect, within 5km from your home or closest practicable location;
  • attend to medical or health care needs including emergencies, compassionate requirements and looking after the vulnerable;
  • exercise with a maximum of two adults from the same household (children under 18 years are not counted), limited to one hour per day within a 5km radius from home, and masks must be worn, except for vigorous exercise;
  • receive a COVID-19 vaccine; and
  • leave due to an emergency (e.g. emergencies, fleeing domestic violence).

In addition, masks are mandatory indoors, outdoors and on public transport.

Visitors to the home are only permitted for the following reasons:

  • essential services;
  • critical maintenance;
  • caregiving;
  • compassionate grounds; and
  • in an emergency.

If your business is impacted by the lockdown, the following options are available to you regarding the ongoing engagement of your employees:

1. National system employers

The following options are available to businesses which operate under National Workplace Relations System, that is, businesses which operate as a Pty Ltd business, or through a trust with an incorporated trustee.

a) Unpaid stand down

For national system employers, a period of unpaid stand down may be implemented under section 524 of the Fair Work Act 2009 (Cth).

Where your business is unable to operate as a result of the lockdown restrictions, and there is a stoppage of work you may be able to impose an unpaid stand down. This option is conditional upon there being a stoppage of work as opposed to significant reduction in the volume of services performed.

We encourage you to seek advice to assess your ability to impose a period of unpaid stand down.

b) Continuation of payment

Given the relatively short duration of the lockdown (as known at the date of this alert), practices may wish to continue paying employees for the duration of the lock down. Casual employees will not be entitled to pay where they do not work.

Businesses which elect to take this option may direct an employee to undertake some form of paid work while at home.

c) Paid leave

As an alternative to an unpaid stand down (if applicable), a business may wish to give employees the choice of utilising paid leave entitlements (annual leave or long service leave) for the duration of the lockdown.

Paid leave entitlements should only be utilised where requested by an employee.

2. Western Australia System Employers

The following options are available to businesses which operate under the Western Australian Workplace Relations System, that is, businesses operating as sole traders, unincorporated partnerships or trusts with an unincorporated trustee.

a) Continuation of payment

Businesses operating under the Western Australia Workplace Relations System do not have the ability to stand employees down without pay, as there is no entitlement to do so under the Minimum Conditions of Employment Act 1993 (CWA) or Industrial Relations Act 1979 (WA).  

Businesses must continue to pay employees, except for casual employees, for their ordinary hours of work for the lockdown period.

Businesses which elect to take this option may direct an employee to undertake some form of paid work while at home.

b) Paid leave

As an alternative, businesses may wish to engage with employees to determine if they are prepared to take paid leave (annual leave or long service leave) during this period.

Paid leave entitlements should only be utilised where requested/approved by an employee.

The situation is currently evolving and further relevant information will be provided when it becomes known.

If you have any questions about these restrictions and how they may affect your workplace, free to  contact the team at enableHR.

Compliance is our strength, and we love helping others achieve it. With the resources available in enableHR, you’ll have everything you need to be 100% compliant when managing your people.

See enableHR in action today! Contact us to learn more about how we can help your business get compliance right – all the time.