In what ways do border restrictions affect employees and contractors?
Border closures in Australia due to the pandemic have led to varied impacts on employment, including restricted entry for non-essential workers, altered leave entitlements, and penalties for violations.
Extended border restrictions
Australia's ongoing border closures, is extended until early 2021, with each state implementing its own restrictions for safety.
To Each State Its Own
Queensland allows border crossing exemptions for essential workers and critical needs while Victoria limits workplace operations and require worker permits for on-site attendance.
claiming Leave Accruals
Employees affected by border restrictions are entitled to be paid if working from home, but those without leave accruals may not receive paid leave, with penalties for violations varying by state.
Officials have assumed that border control as an aid to the pandemic can extend till January to February 2021. Various states across Australia have set up their own restriction rules to assure worker and client safety following flexible arrangements.
But what are the impacts of border restrictions to employees and contractors?
Queensland
Since 8th of August, anyone coming from declared COVID-19 hotspots (NSW, Victoria or ACT) in the last 14 days are denied entry to Queensland borders, except for residents and the following:
- goods, freights and food transporters
- repair services to critical infrastructure and critical maintenance
- essential health and emergency services
- national and state security workers
- critical resource sector employees
- government officials who are required to enter Queensland to fulfill duties
However, the exempted workers are only allowed to remain in the state for as long as necessary for work purposes.
The state had also considered compassionate and other grounds for other people who can also be granted with exemption:
- relatives, families or carers of dependent individuals in Queensland
- those who require access to critical medical care, as well as visitors of terminally ill relatives
- students returning home from interstate boarding school
- those who are required to travel by law (e.g., Court, bail conditions)
In the same manner, Queensland residents who qualify for the “exempt person” need to apply for an entry pass to cross the border freely; while food transporters in a heavy freight vehicle aren’t required.
Some Australian states imposed penalties for violating border control during the extended Covid-19 restrictions.
In Victoria, only selected and permitted workspaces are allowed to operate following a comprehensive COVIDSafe Plan.
Victoria
Meanwhile, Victoria has implemented its fourth stage of restrictive measures strictly within Metropolitan Melbourne. Only selected and permitted workplaces are allowed to operate following a comprehensive COVIDSafe Plan, and High Risk COVIDSafe Plan for abattoir, meat processing, seafood and poultry facilities.
If a worker is necessary to attend work on site then it must be the employer’s responsibility to issue a worker permit. On the other hand, workers are entitled to the following if they are not able to attend work caused by border or quarantine restrictions:
- carer leave or and/or personal leave provisions will not be applied
- Reasons for not being able to attend work due to pandemic reasons is not reasonable for a stand down under the Fair Work Act 2009
- Employees who work from home (if they are feeling unwell) are entitled to be paid as usual during border closures and quarantine
- Workers without leave accruals may not have paid leave entitlements (non-permanent employees, casuals, new starters and some employees)
Penalties for violating the border restrictions vary across states and territories, ranging from $8, 000 fine up to $25, 000 or possible imprisonment.
