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Floods: What to do if sites are flooded out and more

floodsFlooding across multiple Australian States has created issues for contractors and employees. Flooding has washed out roads, closed worksites and shut down schools.

The MEA Employer Advice team has developed guidance for what these situations mean for contractors.

Site shutdowns

In the case of flooding, that means that the sites or the workplace cannot open, and the workers cannot be ‘usefully engaged’ doing other work (including working from home) this falls within the criteria for stand down under section 524 of the Fair Work Act, meaning staff stand downs are allowed.

The employer will need to write to the affected workers. Master Electricians can access an attached letter here (MEA log-in required). This means that the workers will be unpaid for this time; they can access annual leave or RDOs. This is reserved for extreme scenarios like the COVID restrictions stopping work; or a flood shutting down a site. It is still for the employer to consider redeployment options before just issuing these letters to workers.

 

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This is different to if a worker cannot attend work because they are cut off or flooded but work is otherwise continuing. That is just annual leave or RDOs in most cases.

School closures

With schools and daycares closed it is likely that claims for carer’s leave will be used as there is an unexpected emergency affecting the member of the immediate household. They will be eligible to take carer’s leave in those cases.

Inclement weather

Where work cannot continue because of rain making work unreasonable or unsafe to work; then the inclement weather provisions of the award will apply. That is that the full-time and part-time workers, who cannot be redeployed to other works, will be paid for ordinary time lost due to the rain.

If you have other questions or need further advice, Master Electricians have unlimited access to the MEA Employer Advice hotline. Phone 1300 889 198 today.

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