Dear Members,

Following an increasing number of cases in Australia and the recent pandemic declaration by the World Health Organisation, COVID-19 is understandably causing concern for many Master Builders members. 

Master Builders seeks to keep its members well informed about the OHS and industrial relations implications and risks of coronavirus.

Health and safety

Employers have an overarching duty to provide and maintain a healthy and safe workplace.
Members are therefore encouraged to adopt measures that minimise or eliminate the spread of COVID-19. These measures can include:

  • Encouraging and reminding employees to adopt sound hygiene practices, such as the regular washing of hands, covering the nose and mouth if coughing or sneezing and remaining at home if unwell
  • Providing hand sanitiser and disinfectant to wipe surfaces (i.e. phones, keyboards and machinery)
  • Displaying signs or posters that inform employees of safe work practices, including how to minimise the risk of coronavirus
  • Reducing or restricting interstate and international travel for work purposes
  • Implementing travel policies that clearly state where employees can travel and in what circumstances they will be required to self-isolate when returning from coronavirus affected locations
  • Staying informed and potentially developing an infection control policy
  • Facilitating employees to work from home where required, provided there is a healthy and safe home-work space
  • Advising any employees to self-isolate at home for 14 days if:
    • in the last 14 days they have been in any of the countries listed by the Department of Health and Human Services as requiring self-quarantine; and
    • they have been in contact with confirmed cases of novel coronavirus.

 
Employment entitlements

The appropriate handling of industrial matters will depend on the scenario faced by members.

In the event an employee contracts coronavirus or must provide care for an immediate family member that has contracted coronavirus, the employee can utilise personal/carer’s leave.

If an employee requests to self-quarantine, and the period of self-quarantine is not at the direction of a medical practitioner, an agreement can be reached for the employee to use their accrued annual leave or long-service leave. Alternatively, if the employee does not have accrued leave, an agreement can be reached for a period of leave without pay.

If the employer directs an employee to take time off to self-quarantine, the employer will have to abide by the regulations of the applicable modern awards, enterprise agreements and employment contracts. This may include paying the employee for the period of employer directed self-quarantine.

In any event, where the nature of work allows the employee to work from home, the employer and the employee can work together to accommodate the necessary arrangement.

If work is stopped for a reason outside the employer’s reasonable control, it may be classified as a stand-down. The Fair Work Act has specific provisions on the threshold requirements of an unpaid stand-down. An enterprise agreement or contract of employment may alter the application of the stand-down provisions in the Act so members should seek further advice in relation to this issue.

Members requiring further information can contact the Master Builders OHS or industrial relations team on (03) 9411 4555.