COVID-19 has had (and continues to have) an enormous impact on business, decreasing revenue for some while, for other businesses, demand outstrips supply.

When managing workforces through this tumultuous time, businesses are dealing with the full array of issues in the workplace, including stand-downs, redundancies, variations to duties/times worked, flexible-working arrangements, remote working, variations to enterprise agreements, disputes, award changes, determining empoyment status (ie, casual, ongoing, contractor etc), data privacy, keeping of employee records, underpayments and making lawful and reasonable directions.

This is complicated further by the need to comply with government regulation, including social-distancing and staged lockdowns, while meeting obligations to ensure the safety and well-being of workers.

Adding further to this complexity is the flurry of temporary amendments to key acts such as the Fair Work Act 2009 (Cth) (FW Act) which should assist businesses in managing their workplace needs to maintain business continuity through the COVID-19 crisis.

Dealing with the impact of widespread disease on the workplace

Various issues arise for businesses when risks of widespread disease affect the workplace, such during a pandemic.

This guidance note explains how to manage those issues.

Various work health and safety issues arise during COVID-19, including the reasonable measures which must be taken by employers and their workforce.

See Work health and safety duties.

Businesses need to keep informed of the latest information from authorities and regulators and communicate that information to staff where relevant.

See Guidance from authorities and regulators.

During pandemics, employers will need to make lawful and reasonable directions to employees and deal with employees who refuse to comply.

See Directions to employees during periods of widespread disease.

Employees may be entitled to personal/carer’s leave payments during periods of widespread disease for some absences but not others.

Employers may also wish to direct employees to take certain accrued paid leave entitlements such as annual leave or long service leave if there is a business downturn.

See Leave entitlements and payments to employees during authorised absences from work.

Employees may elect to self-isolate and not attend work and employers will need to consider whether they will support that election or direct the employee to attend the workplace.

See What if an employee self-isolates or is absent without permission?

When permitting employees to work remotely or flexibly, employers must navigate employee rights (eg, equal opportunity, rights to request flexible working) while satisfying employer duties to ensure the safety of the employees’ working environments at home and the natural desire of employers to monitor and direct employees’ workflow.

See Managing issues around remote/flexible working.

The health and safety risks of widespread disease may lead to workers’ compensation claims where the disease is caught in the workplace or where the worker is injured in an unsafe remote work environment (eg, back injury from working on a lounge with no dedicated work area).

See Workers’ compensation.

During the pandemic, employers’ duties to notify and consult under workplace laws continue.

See Communication and consultation.

Employers need to take reasonable steps to prevent unlawful behaviours under equal opportunity laws.

See Inappropriate behaviour.

Where business continuity has been adversely affected during a widespread disease outbreak, it may be necessary to consider making job redundancies. Certain preliminary measures could be taken by an employer to mitigate against the need for redundancy outcomes.

See Issues around business continuity flow-on staffing effects.

See Dealing with the impact of widespread disease on the workplace.

Jobkeeper scheme — jobkeeper payment and amendments to the Fair Work Act 2009 (Cth)

This guidance note explains the Federal government jobkeeper scheme, which provides financial support to businesses through a wage subsidy, until 27 September 2020.

See Jobkeeper payment.

The FW Act has also been temporarily amended to provide flexibilty for employers who wish to make workplace changes regarding jobkeeper employees during the COVID-19 crisis, including providing for jobkeeper enabling directions, jobkeeper requests and creating workplace rights actionable under Pt-3-1 of the FW Act. The FW Act amendments cease on 28 September 2020.

See Temporary changes to the Fair Work Act 2009 (Cth) for jobkeeper employees.

See Jobkeeper scheme — jobkeeper payment and amendments to the Fair Work Act 2009 (Cth).