Chua v H&T Brisbane One Pty Ltd T/A H&T Realty

[2021] FWC 1243

[2021] FWC 1243

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009
s.524

Chua
v
H&T Brisbane One Pty Ltd T/A H&T Realty
(C2020/8800)

DEPUTY PRESIDENT LAKE BRISBANE, 8 MARCH 2021

Application to deal with a dispute involving stand down – s 524(1)(c) - stand down in relation to a stoppage of work – stand down relating COVID-19 – no stoppage of work – application successful – compensation awarded.

[1] This decision is in relation to an application by Ms Chua (the Applicant) pursuant to s 526 of the Fair Work Act 2009 (the Act). The Applicant contends H&T Brisbane One (the Respondent) stood her down in contravention of s 524 of the Act. I find that the stand down was not compliant with s 524 of the Act.

[2] Further to my ex tempore decision recorded in the transcript of 3 March 2021 and 8 March 2021, I order that the Respondent is to pay the Applicant 12 weeks’ compensation. 1 Payment must be made within 7 days of this Order.

DEPUTY PRESIDENT

Printed by authority of the Commonwealth Government Printer

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 1   The Commission is capable of making an award that is fair in the circumstances, provided it is an exercise of arbitral powers: Christopher Carter v Auto Parts Group Pty Ltd[2021] FWCFB 1015.