Coronavirus, Jobkeeper and Stand Down under the Fair Work Act 2009 (CTH) : A Review of the Law

The Coronavirus (COVID-19) employment law amendments are a peculiar invention arising out of the unprecedented economic times which we are facing as a nation. This article looks at the legislative responses to the Coronavirus pandemic in the area of employment law. It sets out the pre-existing law in relation to stand down and redundancy. It then examines it in the light of the recent amendments to the Fair Work Act 2009 (Cth) contained in the new Part 6-4C. A number of the new powers given to employers have been curbed by the requirement that they be exercised reasonably. It is unclear how reasonableness will be interpreted in these unique times. The article concludes that the amendments were necessary to address the inflexibility of the stand down framework. We now have something that looks like stand down, but is not stand down, as we have known it