Are you looking forward to the Christmas break?
If you are closing your workplace for a week or 2, you’ll need to be across the fairwork rules about shutdowns.
Fairwork says:
Many awards will have updated rules on taking annual leave during a shutdown.
A shutdown is when a business temporarily closes, such as during Christmas and New Year.
The new rules mean:
– employers may require employees to take paid annual leave during a temporary shutdown
– employers must provide at least 28 days’ written notice of the temporary shutdown period to all impacted employees (some awards require 2 months)
– the notice period can be reduced through an agreement between the employer and the majority of impacted employees
– an employee who doesn’t have enough paid annual leave to cover the whole period can form an agreement with their employer for other options for the days not covered, such as:
*using accrued time off
*annual leave in advance, or
*leave without pay.
Where an employee has agreed to take unpaid leave during a shutdown, they may be entitled to payment for the public holidays that fall during that time. This will depend on:
– if the employee has ordinary hours of work on those public holidays
– any award or agreement provisions that apply
– the circumstances of the unpaid leave
– any agreement between employer and employee to be paid for public holidays.
If you are closing down for a Christmas break – check available leave balances and let your staff know now. (or ask us to check the leave balances for you)
Wanna read the rules for yourself? https://www.fairwork.gov.au/newsroom/news/new-shutdown-rules-for-awards?fbclid=IwAR3QImzxrg-dm21hD9ohswy92uNyEw5Rr4nQ6N6Yk7Be7AWVGLmxqWXKlvs
