Introduction

As Cyclone Alfred tracks towards Australia's eastern coastline, employers in the impacted regions face critical decisions not only about safeguarding property and business operations but, most importantly, about protecting their workforce.

While families take steps to secure their homes, employers must equally consider whether continuing work during such hazardous conditions is compatible with their duty to provide a safe working environment. In some cases, standing down employees may be not only lawful but necessary to eliminate or minimise the risk of harm during extreme weather events.

This article examines how the stand down provisions under the Fair Work Act 2009 (Cth) (FW Act) can assist employers in managing both operational and safety obligations during cyclones, with a focus on worker health and safety.

 Employer Obligations: Keeping Workers Safe in a Cyclone

Under Australia's work health and safety laws, employers have a fundamental duty to ensure, so far as is reasonably practicable, that workers are not exposed to health and safety risks arising from their work.

Cyclonic conditions bring with them a broad range of hazards, including:

• Dangerous driving conditions on flooded or debris-strewn roads.
• Falling trees, loose debris, and airborne objects.
• Structural damage to workplaces or accommodation.
• Exposure to heavy rainfall, high winds, and reduced visibility.
• Loss of essential services, including power and communications.
• Failure or damage to plant and equipment subjected to severe weather.

For workers required to perform outdoor duties, operate in remote locations, or travel for work, these risks can be acute. The health and safety implications are not limited to the moment of the cyclone’s arrival but extend to the lead-up and aftermath, when infrastructure and worksites may be compromised.

Employers must carefully assess whether any work can safely continue during the severe weather period. In most cases, this will involve halting all non-essential operations, including recalling travelling workers and pausing on-site activities, until conditions stabilise and the safety of the workplace can be reassessed.

When Stand Downs Become Part of Safety Management

In the context of a cyclone, standing down employees is not simply a matter of economic necessity — it is often an essential tool for discharging your legal responsibilities to protect workers from harm.

Under section 524 of the FW Act, an employer may lawfully stand down employees without pay during a period in which they cannot be usefully employed because of a stoppage of work for which the employer cannot reasonably be held responsible.

A cyclone is a clear example of such a stoppage. Where a business is forced to suspend operations due to dangerous weather conditions and the resulting hazards prevent employees from performing useful work — whether due to site closures, safety risks, or disruption to critical infrastructure — a lawful stand down may apply.

In these circumstances, standing down employees can serve dual purposes:

1. Protecting employees from the risk of injury, by preventing them from travelling to or attending unsafe worksites.
2. Lawfully pausing operations, while preserving the employment relationship, until work can safely resume.

It is essential that no work recommences until the severe weather event has passed, and a thorough risk assessment has been completed to determine the safety and suitability of the workplace, accommodation, and any equipment.

Alternatives to Stand Down

While stand downs are a useful option during severe weather, employers should first consider whether alternative arrangements can maintain safety and business continuity, including:

• Directing employees to work from home (where practical and safe to do so).
• Reassigning employees to duties that can be performed remotely or away from the affected areas.
• Allowing employees to take accrued annual leave or long service leave, by agreement, as an alternative to unpaid stand down.

However, these options will not always be available, particularly for site-based roles or essential workers located in cyclone-affected zones. In such cases, standing down employees may be the only viable way to protect their safety while complying with legal obligations.

Managing the Stand Down Process

If a stand down becomes necessary, employers should ensure the process is handled properly:

• Provide clear and timely communication to employees, explaining the reason for the stand down, when it will commence, and what it means for their pay and entitlements.
• Keep employees updated on the duration of the stand down, including regular reviews based on official weather warnings and workplace inspections.
• Comply with any applicable obligations in modern awards, enterprise agreements, or employment contracts, which may impose consultation or notice requirements.
• Maintain accurate records of the decision-making process, risk assessments, and communications with employees.

Returning to Work Safely

Before resuming work after a cyclone, employers must:

• Conduct a comprehensive risk assessment of all affected worksites.
• Inspect infrastructure, equipment, and accommodation for damage.
• Verify that access routes, such as roads and paths, are safe and free from hazards.
• Ensure utilities (such as power and water) are functional and safe.
• Consider whether employees may need additional support, including mental health resources, after experiencing a severe weather event.

Work must not resume until the risks posed by the cyclone and its aftermath have been fully controlled.

Conclusion

Cyclones present serious safety risks to workers and significant operational challenges for businesses. In these circumstances, employers have a duty to place worker safety first. Standing down employees during a cyclone is not merely a question of legal entitlement under the FW Act — it can be a necessary part of ensuring that workers are not exposed to unacceptable risks.

Employers should prepare now by reviewing their severe weather procedures, ensuring their stand down policies are legally compliant, and developing clear communication strategies to keep their workforce informed and protected.

For small businesses, taking proactive steps today may be the difference between a smooth recovery and an avoidable crisis when the next cyclone arrives.

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