Today (Friday 19 February 2021), the Fair Work Commission Full Bench (FWC) accepted FCW Lawyers’ submission that Schools suffered a “stoppage of work” as a result of the Victorian Government direction on 2 August 2020. This, in turn, entitles the stand-down of employees without payment of wages.

In a clear rebuke to the Independent Education Union (IEU)’s claim that “Schools delivering online education are NOT shut”, the FWC adopted the entirety of our Counsel’s reasoning as to the correct way to consider the stand-down provisions.

Stoppage of any work (not all work) is a stoppage for the purpose of the stand-down law, so long as it was outside of the employer’s control (undoubtedly the case as it was caused by Government direction).

A link to the full case decision is available to view here.

If you have any questions or would like more information about this case, please contact Andrew Douglas or Kim McLagan.