New South Wales Consolidated Acts

INDUSTRIAL RELATIONS ACT 1996 - SECT 126

126 Stand-down orders--suspension of payment of remuneration

(1) The Commission may, on the application of an employer or an industrial organisation of employers, order the stand down of employees of that employer or of members of that organisation if there is no useful work for the employees because of--

(a) industrial action, or

(b) breakdown of machinery, or

(c) any other act or omission,

for which the employer or employers concerned are not responsible.

(2) The Commission is to give high priority to the hearing and determination of any such application.

(3) An employee who is stood down by the Commission is not entitled to any remuneration (including allowances) while stood down. However, this subsection does not apply to any allowance that the Commission considers should be paid despite the stand-down order.

(4) The period during which an employee is stood down is to be regarded as a period of employment with the employer for all other purposes, including the accrual of leave and the calculation of superannuation and other entitlements.

(5) A stand-down order does not apply to an employee who is an apprentice or trainee (other than an existing worker trainee) within the meaning of the Apprenticeship and Traineeship Act 2001 .