An employer can stand down an employee under section 524 of the Fair Work Act 2009 when the employee cannot be usefully employed because of one of three causes: industrial action (other than industrial action organised or engaged in by the employer), a breakdown of machinery or equipment that the employer cannot reasonably be held responsible for, or a stoppage of work for any cause the employer cannot reasonably be held responsible for. An enterprise agreement or contract of employment may also include stand-down provisions, but those terms cannot reduce the protections in s.524. If none of these circumstances apply, the employer has no right to stand down the employee without pay.

Yes, but only if the s.524 conditions are met. The employer must demonstrate that the employee cannot be usefully employed in their role or any other suitable role within the business or an associated entity due to a qualifying stoppage. During a valid stand down, the employer is not required to pay the employee’s ordinary wages. However, the employment relationship continues: the employee retains their accrued leave entitlements, their continuous service is not broken, and they return to work when the qualifying cause ends. If the employer cannot prove the s.524 grounds, the stand down may amount to an unlawful deduction from wages under the National Employment Standards.

Generally no. Casual employees are engaged and paid only for the hours they actually work, with no guaranteed ongoing hours. Because a stand down under s.524 addresses a situation where an employee who is guaranteed work cannot be usefully employed, it has limited application to casuals. The practical equivalent for a casual is simply not rostering them for shifts, provided the employer does not breach any casual conversion obligations or anti-adverse-action provisions. If a casual believes they have been treated less favourably for a discriminatory or prohibited reason, they may file a general protections claim.

Standing down an employee means directing the employee not to attend work and not to perform work for a period during which the employer is genuinely unable to provide useful work due to a qualifying cause under s.524. The employee is not dismissed and the employment relationship continues. The employee is typically not paid during the stand-down period, though leave accruals and service continue. When the cause ends, the employee returns to their normal duties. It is a temporary measure, not a termination or a disciplinary sanction.

There is no fixed statutory maximum for a stand-down period under s.524. The stand down lasts only as long as the qualifying cause persists. If the industrial action ends, the equipment is repaired, or the stoppage resolves, the employee must be directed back to work immediately. An employer who keeps an employee stood down after the cause has ended risks a claim for unpaid wages. Best practice is to review the stand down weekly, communicate updates, and document why the qualifying cause continues to exist.

No. A s.524 stand down cannot be used as a disciplinary measure for misconduct. Standing down an employee pending an investigation into alleged misconduct is a different action that usually requires pay unless your employment contract, enterprise agreement, or modern award expressly permits unpaid suspension. Using a s.524 stand down to punish or pressure an employee over alleged misconduct is likely to constitute adverse action under section 340 of the Fair Work Act and may expose the employer to a general protections claim.

Yes. During a valid stand down under s.524, the employment relationship continues uninterrupted. The employee’s continuous service is not broken, and they continue to accrue paid annual leave and personal leave entitlements. They also retain their right to request flexible working arrangements and parental leave entitlements. However, the employee cannot generally access paid leave during the stand-down period if the employer has not agreed to it, because the purpose of the stand down is that the employee is not performing work.

A stand down under s.524 is triggered by an external cause that prevents useful work, such as industrial action or equipment breakdown. The employee is not at fault. A suspension is a disciplinary or investigative measure where the employer directs an employee not to attend work, usually while allegations of misconduct are investigated. Suspension may be with or without pay depending on the employment contract, award, or enterprise agreement. Standing down is operational; suspension is procedural. Confusing the two is a common source of claims.