Enforceable government direction

Enforceable government directions are official orders that businesses must obey. They're designed to address public safety, like controlling crowd size or ensuring safe work practices, especially in situations like health emergencies. For example, during a pandemic, these directions might include limits on the number of customers allowed inside a business or specific hygiene practices. Failing to comply with these rules can result in legal consequences, emphasising their importance in maintaining public welfare and safety.

Government directions and standing down staff

The term became common during the COVID-19 pandemic. Under the Fair Work Act, an employer can stand down employees without pay if they cannot be usefully employed because of a stoppage of work for which the employer cannot reasonably be held responsible, and a government direction that forces a business to close may be such a stoppage. Employers must still meet their work health and safety duties and consult their workers. For example, if a public health direction closed your venue for a week, you may have been able to stand down staff who had no useful work to do.

Read our guide to standing down employees or call our HR advice line.